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Can Employers Require Vaccinations For COVID-19? - UPDATED August 2021 | Fox Rothschild LLP
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The EEOC Issues Clarifying Guidance about COVID-19 Vaccines in the Workplace
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With COVID-19 vaccines now being distributed to healthcare facilities, including hospitals, long-term care, and other healthcare providers, employers in these industries are faced with an immediate decision: whether to mandate that employees required to work at facilities and/or who otherwise will come into contact with patients, residents, and other employees take a COVID-19 vaccine, or whether to take a softer consent-based approach. Companies who do business with hospitals and other healthcare facilities face this same decision, particularly with respect to their employees who must enter hospitals and other healthcare facilities as part of their normal job functions. Given the pushback to prior mandates issued during the COVID-19 pandemic and historical concerns over the safety of and intrusion associated with any kind of vaccine, employers have to anticipate that a significant number of their employees will at least be
Thursday, December 17, 2020
As the first wave of COVID-19 vaccinations are being administered across the United States, employers are considering whether to mandate and/or administer the COVID-19 vaccine to employees. On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released updates to “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” its Technical Assistance Questions and Answers publication, addressing potential concerns with vaccine administration and anti-discrimination laws the EEOC enforces.
The EEOC’s updated guidance offers direction regarding employer-mandated vaccinations, accommodations for employees who cannot be vaccinated due to a disability or sincerely held religious belief, and certain implications of pre-vaccination medical screening questions under the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information Nondiscrimi
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