EEOC Issues New COVID-19 Vaccination Guidelines for Employers
The Equal Employment Opportunity Commission has affirmed that employers can mandate COVID-19 vaccines for employees, subject to some limitations. The EEOC's updated guidance offers direction regarding employer-mandated vaccinations, accommodations for employees who cannot be vaccinated due to a disability or sincerely held religious belief, and certain implications of pre-vaccination medical screening questions under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act. Asking a patient pre-screening questions is a routine part of a vaccination. These questions may constitute a "medical examination" as defined by the ADA. An employer must be able to show that the inquiries are…