While many have moved on from thinking about COVID-19 and its impact on daily life, employers are reminded that despite the expiration of the public health emergency (PHE), there are.
The EEOC's COVID Guidance continues to direct employers to look to recommendations from the CDC when maintaining COVID-19 screening protocols and when directing employees to remain away from the workplace as a result of a COVID-19 diagnosis or positive test result.
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