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The Equal Employment Opportunity Commission (“EEOC”) guidance has confirmed employers may require a COVID-19 vaccination as a condition of employment and/or to return to the workplace. Employers who choose to do so need to be careful about how they implement mandatory vaccine requirements.
Who Will Administer the Vaccine?
The EEOC guidance provides that administering the COVID-19 vaccine or asking whether an employee has been vaccinated are not, alone, a medical examination or a disability related inquiry under the ADA. However, the CDC requires health care providers ask certain pre-screening questions before administering the vaccine to ensure there is no medical reason that would prevent an individual from being vaccinated. These pre-screening questions may violate the ADA by eliciting an employee’s disability-related information.