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EEOC Publishes Initial Guidance Addressing COVID-19 Vaccine Considerations for Employers | Morgan Lewis

To embed, copy and paste the code into your website or blog: On the heels of the US Food and Drug Administration’s first issuance of an Emergency Use Authorization for a coronavirus (COVID-19) vaccine, the Equal Employment Opportunity Commission published an updated technical assistance bulletin that begins to address some of the questions employers have raised regarding whether they can require employees to get vaccinated for COVID-19, as well as considerations employers should be aware of if they do offer a COVID-19 vaccination program. The Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers on COVID-19 issues to address vaccination implications for employers on December 16. The EEOC explained it was providing this guidance as the availability of COVID-19 vaccinations may raise questions about the applicability of various equal employment opportunity laws, including the Americans with Disabilities Act (ADA), Rehabilitation Act

EEOC Guidance: Employer Administered or Mandated COVID-Vaccinations

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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