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With the roll-out of the COVID-19 vaccine for mass consumption, we hypothesized in our piece titled “Can Employers Make Employees Get the COVID-19 Vaccine,” that employers would be able to require employees to get the vaccine subject to limited restrictions. We further noted that our guess was based on the Equal Opportunity Employment Commission’s (EEOC) guidance in regards to the flu vaccine and that the federal agency that has enforcement powers over federal discrimination laws had not yet weighed in on the COVID-19 vaccine specifically.
Well, on December 16, 2020, the EEOC weighed in with its guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (the Guidance) and confirmed that our hypothesis nailed it! In fact, the Guidance does not even specially address the question as to whether employers can mandate employees have the vaccine, rather, the Guidance jumps r