As the pandemic’s trajectory changes, so does federal guidance. On May 28, 2021, the EEOC issued its latest round of vaccination guidance, which employers in the United States would be well to keep in mind. Some key points include:
- Employers may incentivize employees to receive a COVID-19 vaccine
- A reminder that an employee’s COVID-19 vaccination status is confidential under the ADA, regardless of where the employee gets a vaccination (at work or offsite)
- If an employer offers a COVID-19 vaccination to its employees on a truly voluntary basis (i.e., employees can choose whether or not to get the vax), the employer does not have to show that pre-vaccination screening questions are job-related and consistent with business necessity
- A reminder that employers have a duty to reasonably accommodate and engage in an interactive process with employees who are unable to get a vaccination due to medical reasons
In addition, the EEOC stated that employers may (with some exceptions) require a COVID-19 vaccination for all employees entering the workplace. That said, we at MNK Law do not recommend that employers do so.
To review the EEOC’s guidance in full, please click here.
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This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.