Employers Requiring COVID Vaccines

The Equal Employment Opportunity Commission (EEOC) released guidance for employers to use when considering requiring COVID-19 vaccines for employees. The guidance says an employer may require its employees to be vaccinated before returning to work as long as the employer complies with federal discrimination laws including Title VII of the Civil Rights Act (“Title VII”), the American’s with Disabilities Act (“ADA”) and Title II of the Genetic Nondiscrimination Act (“GINA”).

In particular, an employer must make sure

• All pre-screening questions are job related and consistent with business necessity
• Questions do not request genetic information or family medical history
• To engage in the ADA interactive process and offer a reasonable accommodation to workers who are unable to get the vaccine because of a disability or sincerely held religious belief (subject to an employer’s undue hardship)
  
  

Stopping an employee who cannot be vaccinated from entering the workforce is permitted only if the un-vaccinated employee will expose others to the virus and present a direct threat to the health or safety of individuals in the workplace and there is no way to provide a reasonable accommodation.

The EEOC guidance may be accessed by clicking here. Employers should review the guidance if considering requiring COVID-19 vaccinations for employees to return to work.