Employers Can Require Vaccines And Offer Incentives, Says EEOC

SG
Shipman & Goodwin LLP
Contributor
Shipman & Goodwin LLP  logo
Shipman & Goodwin’s value lies in our commitment -- to our clients, to the profession and to the community. We have one goal: to help our clients achieve their goals. How we accomplish it is simple: we devote our considerable experience and depth of knowledge to understand each client’s unique needs, business and industry, and then we develop solutions to meet those needs. Clients turn to us when they need a trusted advisor. With our invaluable awareness of each client’s challenges, we can counsel them at every step -- to keep their operations running smoothly, help them navigate complex business transactions, position them for future growth, or resolve business disputes. The success of our clients is of primary importance to us and our attorneys invest meaningful time getting to know the client's business and are skilled in the practice areas and industry sectors critical to that success. With more than 175 attorneys in offices throughout Connecticut, New York and in Washington, DC, we serve the needs of
Today the EEOC published updated guidance to address questions it has received from employers about vaccines in the workplace.
United States Employment and HR
To print this article, all you need is to be registered or login on Mondaq.com.

Today the EEOC published updated guidance to address questions it has received from employers about vaccines in the workplace.  The guidance represents the first substantive update to the rules from the EEOC regarding the pandemic since December 2020.

Specifically, the new guidance states that employers may:

  • Require all employees physically entering the workplace to be vaccinated for COVID-19, provided employers comply with the reasonable accommodation provisions of the Americans with Disabilities Act (ADA) and Title VII;
  • Offer incentives to employees who provide documentation that they have been vaccinated for COVID-19;
  • Offer incentives to employees to obtain COVID-19 vaccinations in the workplace, if the employer is offering vaccinations, provided the incentives are not coercive; and
  • Provide employees and their family members with information about COVID-19 vaccines and the benefits of vaccination.

The EEOC cautions that employees are required to answer pre-vaccination, disability-related screening questions, and therefore, very large incentives could cause employees to feel pressure to disclose protected medical information.

Employers should keep in mind that if they obtain vaccination information from their employees they must keep this information confidential pursuant to the ADA.  In addition, other federal, state, and local laws may come into play regarding vaccinations for employers and employees; this guidance only addresses vaccine questions under equal employment opportunity laws, including the ADA and the Genetic Information Nondiscrimination Act (GINA).

With Connecticut and other states lifting many of the pandemic-related business restrictions over the last few weeks, employers now have the challenging task of balancing mask requirements, vaccinations, and other health and safety concerns.  Further guidance from OSHA is anticipated over the next few weeks that may shed further light on how employers can manage these competing interests.

In the interim, employers should continue to exercise caution and seek guidance from counsel in making changes. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Employers Can Require Vaccines And Offer Incentives, Says EEOC

United States Employment and HR
Contributor
Shipman & Goodwin LLP  logo
Shipman & Goodwin’s value lies in our commitment -- to our clients, to the profession and to the community. We have one goal: to help our clients achieve their goals. How we accomplish it is simple: we devote our considerable experience and depth of knowledge to understand each client’s unique needs, business and industry, and then we develop solutions to meet those needs. Clients turn to us when they need a trusted advisor. With our invaluable awareness of each client’s challenges, we can counsel them at every step -- to keep their operations running smoothly, help them navigate complex business transactions, position them for future growth, or resolve business disputes. The success of our clients is of primary importance to us and our attorneys invest meaningful time getting to know the client's business and are skilled in the practice areas and industry sectors critical to that success. With more than 175 attorneys in offices throughout Connecticut, New York and in Washington, DC, we serve the needs of
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More