Employers May Require Employees Entering Workplace to Be Vaccinated Against Covid-19
Here are some key provisions from the EEOC's May 28, 2021 Covid-19 Technical Assistance publication:
The key updates to the technical assistance are summarized below:
- Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations. Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers. From an EEO perspective, employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.
- Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. If employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.
- Employers that are administering vaccines to their employees may offer incentives for employees to be vaccinated, as long as the incentives are not coercive. Because vaccinations require employees to answer pre-vaccination disability-related screening questions, a very large incentive could make employees feel pressured to disclose protected medical information.
- Employers may provide employees and their family members with information to educate them about COVID-19 vaccines and raise awareness about the benefits of vaccination. The technical assistance highlights federal government resources available to those seeking more information about how to get vaccinated.
Posted June 14, 2021: Texas Federal Ct.Rules Covid-19 Vaccine Requirement for Healthcare Workers at Houston Methodist Hospital is Legal - Houston Methodist Hospital Action Filed by Health Care Workers Dismissed
You May Find Some of These Articles Worthwhile!
List: Companies That Are Offering Cash Bonuses and Other Incentives to Employees Who Get Coronavirus Covid-19 Vaccination Shots
Is My Employer Required by Federal or State Laws to Give Me Paid Leave or Paid Time Off If I Get a Covid-19 Coronavirus Vaccine?
Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common
Covid Case of the Week: Carter v. Gardaworld
Security Services - Fed. Judge: Employee
Who Complains About Employer's Lack of Covid Precautions Not Protected Under
FFCRA From Retaliatory Termination (Posted June 4, 2021)
Covid Case of the Week - Sanchez v.
Treesmiths, Inc. - Is an Arborist a First Responder Immune from Suit
Under FFCRA? (Posted
May 28, 2021)
Covid Case of the Week: Haney-Fillipone
v. Agora Cyber Charter School - Teacher Wins Right to Covid-Based Leave -
Private Charter School a "Public Agency" Pursuant to FMLA, Required
to Follow FFCRA (Posted
May 22, 2021)
Covid Case of the Week - Gomes v. Steere House - RI
Fed. Judge Rules Employee’s Failure to Specifically Request Paid Leave Dooms
EPSLA Claim, Upholds FMLA Retaliation Claim (Posted
May 2, 2021)
Covid Case of the Week - Payne
v. Woods Services - Pennsylvania Federal Judge Finds Positive Covid
Diagnosis is a "Serious Health Condition" Pursuant to FMLA but Is Not
Automatically a "Disability" Under the ADA (Posted April 24, 2021)
Covid Case of the
Week - Kofler v. Sayde Steeves Cleaning Service, Inc. -
Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation
Provisions of FLSA (Posted April 9, 2021)