ADA and Vaccinations
K.1. For any COVID-19 vaccine that has been approved or authorized by the Food and Drug Administration (FDA), is the administration of a COVID-19 vaccine to an employee by an employer (or by a third party with whom the employer contracts to administer a vaccine) a “medical examination” for purposes of the ADA?
(12/16/20)
No. The vaccination itself is not a medical examination. As the Commission explained in guidance on disability-related inquiries and medical examinations, a medical examination is “a procedure or test usually given by a health care professional or in a medical setting that seeks information about an individual’s physical or mental impairments or health.” Examples include “vision tests; blood, urine, and breath analyses; blood pressure screening and cholesterol testing; and diagnostic procedures, such as x-rays, CAT scans, and MRIs.” If a vaccine is administered to an employee by an employer for protection against contracting COV
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.
EEOC Releases Updated Guidance on COVID-19 Vaccinations and Employment Laws December 16, 2020
The Equal Employment Opportunity Commission (EEOC) has released updated guidance on the responsibilities and rights of employers and employees related to the COVID-19 vaccine, including in cases where employers require employees to be vaccinated.
The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” includes a section providing information to employers and employees about how a COVID-19 vaccination interacts with the legal requirements of the the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act (GINA).