EEOC update: COVID-19 vaccine guidance for employers

On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) published updated guidance to its frequently asked questions (FAQ) list regarding the COVID-19 vaccine and employer vaccination policies. Since the COVID-19 vaccine has been approved under the Food and Drug Administration’s emergency use authorization (EUA) process and not the agency’s regular procedures, there has been some question as to whether employers, in particular employers in the healthcare industry, could implement a mandatory COVID-19 vaccination policy for employees in order to maintain a safe and healthy workplace.

The EEOC guidance indicates that employers can indeed implement and enforce mandatory COVID-19 vaccination policies for employees, subject to certain requirements and exceptions. Once it is available, employers can require that employees receive the COVID-19 vaccine, even if approved under an EUA, as a condition of returning to the workplace as long as employers allow for reasonable accommodations for employees who object to such vaccines based on a sincerely held religious belief under Title VII or based on a medical condition under the Americans with Disabilities Act. The process to determine what reasonable accommodations are available and appropriate requires an individualized inquiry depending on the employee’s job duties and whether the employee might pose a direct threat to the health or safety of the employee or others in the workplace, among other considerations.

Although the guidance is helpful in establishing and directing employer vaccination policies, the EEOC’s guidance does not insulate employers from potential workers’ compensation or tort claims by employees who may experience adverse effects from receiving the COVID-19 vaccine via mandates from their employers.

If you have questions regarding implementation of COVID-19 vaccine policies and safety measures and how your business can follow local, state and federal guidelines, please contact the Employment attorneys at Chuhak & Tecson.

Client alert authored by Ryan A. Haas (312 855 4614), Principal and General Counsel.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.