Wednesday, December 23, 2020
As additional COVID-19 vaccines receive emergency use authorization from the Food and Drug Administration
1, more employers are weighing the risks of implementing mandatory vaccination programs for employees. Up until very recently, and as discussed in K&L Gates LLP’s 24 November 2020 COVID-19 vaccination-related Legal Alert
2 on this topic, there was limited federal agency guidance on this issue as it relates to COVID-19. However, in a timely development, on 16 December 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance (Guidance)
3 to include a new section about how a COVID-19 vaccination interacts with the legal requirements of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act (GINA). In addition to discussing these interactions, this new Guidance addresses issues pertaining to medical pre-screening questions and employer accommodations for those unable to receive a vaccination. In its Guidance, the EEOC makes it clear that, subject to any other state or federal laws, in certain circumstances, employees who refuse to get a COVID-19 vaccination may be excluded from the workplace. Moreover, the EEOC’s Guidance underscores that anti-discrimination laws do not prevent employers from adhering to public health directives from the Centers for Disease Control and Prevention (CDC) or other federal, state, and local public health agencies.