On May 28, 2021, the EEOC updated their COVID-19 vaccinations technical assistance, below are the key takeaways:
- Employers are not prevented by Federal EEO laws from requiring all employees physically entering the workplace to be vaccinated for COVID-19. However, employers must still comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964, as well as other EEO considerations. Employers should also be mindful of additional restrictions created by other laws that are out of the jurisdiction of the EEOC.
- Employers are not prevented by Federal EEO laws from offering incentives to their employees for voluntarily providing vaccination documentation issued by a third party, such as a clinic, pharmacy, or personal medical care provider.
- If employers obtain vaccination information from their employees, they must follow all ADA guidelines and keep that information confidential and stored separately from the employee’s personnel files.
- Employers that are administering vaccines to their employees may offer non-coercive incentives to employees that agree to be vaccinated.
- Employers may provide employees and their family members with educational materials to inform them about the benefits of vaccination, raise awareness, and address common questions and concerns.
Direct link to the EEOC’s What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws page may be found here
*The information provided in this communication is general in nature and is for informational purposes only. It should not be construed as legal, tax, or accounting advice.