LEGAL UPDATE
EEOC Issues Guidance on Legally Compliant COVID-19 Vaccinations Programs By Christopher T. Vrountas, Esq. and Allison C. Ayer, Esquire, Vrountas, Ayer & Chandler, P.C.
On December 16, 2020, the Equal
Employment
Commission
proof of a COVID-19 vaccine without running
(“EEOC”) once again updated its guidance
afoul of EEO law. But that does not mean all
concerning COVID-19, this time to address
required vaccination program comply with
vaccinations. Just as with past guidance, the
EEOC laws.
new
Opportunity
vaccine and/or to ask their employees for
information
regarding
vaccinations
comes in the form of questions and answers
In short, there is no easy bright line rules for
that show up in the last section of the
COVID vaccine protocols.
EEOC’s
lawfully
COVID-19
publication.
These
technical are
assistance
some
of
the
highlights:
implement
requirements.
But
automatically
firing
Employers can COVID
they an
vaccine
should
avoid
employee
or
excluding him/her from a worksite only on The EEOC has taken the position that the
the
ADA, GINA, and Title VII do not prohibit
obtained the vaccine.
employers from requiring their workforces to
made clear that even in the context of the
be vaccinated against COVID.
coronavirus
In other
basis
that
the
employee
pandemic,
has
not
The EEOC has now employers
must
words, employers are generally permitted to
make efforts to ensure they attempt to
require employees to get the COVID
accommodate employees who have cannot
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