F E AT U R E Employers Continue to Navigate the Complexities of the COVID Vaccine to Avoid Liability by Jamie Hasty, SESCO Management Consultants
With much of the country seeing rapid increases in COVID cases and/ or exposures, continued push for vaccination and ever-changing direction from the Centers for Disease Control (CDC) or even your respective state governing body, employers are left frustrated and searching for answers. The media also plays a large role in pushing vast information which, at times, can be tedious and confusing. Can I mandate the vaccine? What if
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someone refuses to get the vaccine, can I terminate? Can I offer incentives to my staff to get vaccinated? So on and so forth. Let’s review what is legal for employers to do regarding COVID vaccine and how to avoid potential discrimination issues with the Equal Employment Opportunity Commission (EEOC) or in civil litigation. As a reminder, The U.S. Equal Employment Opportunity Commission (EEOC) has issued new COVID-19
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vaccine guidance for employers. Consider key points:
Confidentiality - Information about an employee’s vaccination status is considered “confidential medical information” under the Americans with Disabilities Act (ADA). - Like all medical information, information about an employee’s
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