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COVID-19 Employment Law Update: EEOC and Cal/OSHA Developments | Fenwick & West LLP


COVID-19 Vaccine Rollout Prompts EEOC to Update Guidance Regarding Mandatory Vaccinations in the Workplace
The rollout of the Pfizer and Moderna vaccines in the United States has triggered extensive discussion around the law concerning mandatory vaccine policies in the workplace. This discussion will almost certainly evolve over the coming months, as more becomes known about vaccine availability at the time of widespread office reopening, side effects and other considerations. 
In the meantime, on December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its pandemic-related guidance and FAQs, principally with respect to the interplay between workplace vaccine mandates and federal anti-discrimination laws. Consistent with prior EEOC guidance regarding flu and other vaccinations, the EEOC reaffirmed that, in general, employers may lawfully impose a vaccine mandate as a condition to return to the workplace, and, more specifically, as a lawful qualif ....

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