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In the wake of the U.S. Food and Drug Administration’s first grant of Emergency Use Authorization (EUA) for a COVID-19 vaccine, the Equal Employment Opportunity Commission (EEOC) updated its pandemic guidance to address the legal issues surrounding the intersection of the COVID-19 vaccine and Equal Employment Opportunity (EEO) laws. The guidance in the form of Technical Assistance Questions and Answers called
What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO
Laws (“New Guidance”)[1] is the EEOC’s first substantive position statement on the requirements of EEO laws relative to vaccines since the 2009 H1N1 influenza pandemic and paves the way for COVID-19 vaccines in the workplace. During the H1N1 pandemic, EEOC advised employers, “Generally, ADA-covered employers should consider simply encouraging employees to get the influenza vaccine rather than requiring them to take it
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In this ever-changing COVID-19 landscape, the prospect of employee vaccinations creates many questions and compliance concerns for employers. These concerns include whether, and to what extent, employers can and should require vaccinations for employees.
While current law does not expressly prohibit employers from requiring employees to be vaccinated, various legal exceptions and practicalities must be considered in determining the best course of action. Considering anticipated employee pushback, many employers will likely encourage vaccinations at some level, while allowing for an appropriate opt-out mechanism for those who refuse.
In the absence of definitive law on this issue, employers should look to guidance provided by federal and state agencies to determine the best course of action.
Alcohol and High Blood Pressure: What You Should Know Denise Mann, MS
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Does alcohol cause high blood pressure?
With Sober October, Dry January, and the increasing availability of alcohol-free spirits, many people are taking breaks from drinking to boost their physical and mental health. And improved blood pressure may be one of those benefits.
Untreated high blood pressure is a major risk factor for heart attack and stroke. Quitting alcohol or drinking moderately may help keep your numbers where they need to be, according to the American Heart Association (AHA).
Systolic blood pressure, the upper number in a blood pressure measurement, is the force your blood is exerting against your artery walls when your heart is beating. Diastolic blood pressure, the lower number, is the pressure when your heart is at rest. A blood pressure of less than 120/80 mm Hg is considered normal. High blood pressure is 130/80 mm Hg or higher.
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In the coming weeks and months, COVID-19 vaccines will be distributed around the United States. Employers will have questions about vaccination procedures, such as whether they may require employees to be vaccinated, what they may ask about employees’ vaccination records, and whether they must accommodate employees with religious opposition to being vaccinated. Recently, the EEOC updated its guidance, What You Should Know About COVD-19 and the ADA Rehabilitation Act, and Other EEO Laws, to address these vaccination concerns. This alert addresses the essential points of the EEOC’s guidance.
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We recently provided analysis and practical guidance on mandatory vaccination policies, accommodations, and other considerations for employers as vaccines roll out across the country. The U.S. Equal Employment Opportunity Commission (EEOC) subsequently issued preliminary guidelines for employers on COVID-19 vaccination policies in their updated Technical Assistance Questions and Answers on COVID-19 and various EEO laws.[1]
Here are our key takeaways from these guidelines:
Mandatory Vaccinations Are Not a Medical Examination Subject to the ADA, But Pre-Vaccination Screening Questions Can Be
The EEOC drew a distinction between the administration of vaccines by an employer or a third-party contractor and any pre-vaccination screening questions. Notably, the EEOC determined that vaccine administration is not a medical examination or other disability-related inquiry that would trigger obligations under the Americans with