EEOC Provides Guidance on Workplace COVID-19 Vaccination Requirements
ADA
If an employee states they are unable to receive the COVID-19 vaccine because of a disability, the employer must be able to show that an unvaccinated employee would pose a direct threat due to a “significant risk” of substantial harm to the health or safety of themselves or others that cannot be eliminated or reduced by a reasonable accommodation. Such reasonable accommodations include working remotely.
Title VII
It is possible that some employees may refuse vaccination on the basis of a sincerely held religious practice, observance or belief protected by Title VII. The guidance states that the employer must provide a reasonable accommodation to this employee unless it would pose an undue hardship.
GINA
Under Title II of GINA, employers may not:
Administering a COVID-19 vaccination to employees or requiring proof they have received a vaccination does not violate Title II of GINA. However, as with disability information, pre-vaccination screening questions may elicit genetic information. If the pre-vaccination screening does include such questions, the EEOC suggests that employers request proof of vaccination instead of administering the vaccine themselves.
EEOC’s entire publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” can be found here. All EEOC materials related to COVID-19 are posted at https://www.eeoc.gov/coronavirus.
For additional support you may contact your Account Manager or Sales Executive. Employer may wish to consult with labor/employment counsel to ensure that their labor practices are consisent with the ADA, GINA, and the EEOC guidance.
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