And employers will like it.
NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don t subscribe to our bulletins.
The U.S. Equal Employment Opportunity Commission issued guidance today on employer and employee rights related to COVID vaccinations. We are reproducing the new FAQs in full below, but here is a quick summary:
It does not violate federal law for an employer to require employees to get COVID vaccines.
It is prudent for the employer who requires COVID vaccines to require employees to get the vaccines from pharmacies or their personal health care providers. That way, any necessary medical inquiries will not be attributable to the employer. The EEOC also advises that employers caution employees to provide proof of vaccination that does not include their personal medical information.
To embed, copy and paste the code into your website or blog:
With coronavirus vaccines receiving their emergency use authorizations from the FDA and being rapidly rolled out, employers will need to evaluate a mandatory vaccination policy that balances employee rights with novel business realities and pre-existing legal frameworks lacking clear guidance in the face of COVID-19.
Under existing federal law and regulations, employers may be able to institute mandatory vaccination policies to protect health and safety in the workplace. Although a mandatory vaccine policy is not completely free from legal risk, courts more recently have upheld vaccination requirements when an employer shows that the need for vaccine-acquired immunity is job-related, consistent with business necessity, and not more intrusive than necessary.[1] Other constitutional challenges to the vaccine may occur, but such challenges could be influenced significantly by government and public sentiment likely to affect
Seyfarth Synopsis:
On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued guidance for employers on the interplay of workplace bias laws and COVID-19 vaccinations. As all employers are facing these issues in the coming weeks with the roll-out of vaccinations, the EEOC’s guidance should be required reading for all businesses.
Introduction
In an effort to be responsive to the need of employers to have clear guidance on the extent to which they can mandate the COVID-19 vaccine under the Americans With Disabilities Act and Title VII in the wake of Emergency Use Authorization for the Pfizer/BioNTech vaccine, the EEOC updated its Technical Assistance guide “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws” on the subject of vaccines. In this respect, the Commission acted quickly in terms of its responsiveness to the employer community that had publicly challenged the EEOC to detail this guidance in the fast-changi
Thursday, December 17, 2020
Earlier this year, the U.S. Equal Employment Opportunity Commission (EEOC) addressed age discrimination issues related to COVID-19. Based on the U.S. Centers for Disease Control and Prevention’s (CDC) explanation that individuals 65 years of age and older are at a higher risk for having a severe case of COVID-19 if they contract the virus, the EEOC encouraged employers to offer maximum flexibility to individuals in this age group. This flexibility was intended to offer older employees a way to continue to work even if they did not feel safe in the workplace.
However, the EEOC was clear that the Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals age 40 and older. Accordingly, the EEOC said the ADEA prohibits an employer from
Labor & Employment Alert: Employer Mandatory Vaccinations Raising Potential ADA and EEO Issues lexology.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lexology.com Daily Mail and Mail on Sunday newspapers.