Guidelines for Implementing a Vaccine Requirement for Employees

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) updated their technical assistance questions and answers for employers on COVID-19 vaccinations. Updated issues to note include: 
  • Employers may implement vaccine requirements so long as certain reasonable accommodations for employees who, because of a disability or religious beliefs, do not get vaccinated, unless providing an accommodation would pose an undue hardship on the business. 
  • An example of a reasonable accommodation provided by EEOC is that an unvaccinated employee might wear a face mask. 
  • Information about an employee's vaccination, such as a vaccination record, must be kept confidential under the Americans with Disabilities Act (ADA) just like any other medical information for employees. 
  • Guidance on how to assess employees seeking accommodation from a COVID-19 vaccination requirement. 
  • Guidance on disability-related inquiries or medical examinations as a part of employer-provided mandated vaccinations. 
  • Employer inquiries about or requests for documentation of vaccines are permitted under the ADA. However, documentation or other confirmation of vaccination is medical information and must be kept confidential.
  • Employers may offer incentives to employees to be vaccinated so long as they are not so substantial as to be coercive. 
Providers should review the full Q&A and consult with their employment attorney before implementing a vaccine requirement for employees.

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