EEOC Issues FAQs on Mandatory Vaccinations for COVID-19

On Dec. 16. 2020, the Equal Employment Opportunity Commission (EEOC) added nine new answers to frequently asked questions (FAQs) to its existing guidance on how employers should comply with the Americans with Disabilities Act (ADA) and other fair employment laws while also observing all applicable emergency workplace safety guidelines during the coronavirus (COVID-19) pandemic.

The new FAQs address mandatory workplace vaccination programs and the restrictions that federal fair employment laws place on them. In general, employers may require employees to receive COVID-19 vaccinations as long as they provide reasonable accommodations for employees who refuse to take the vaccine for medical or religious reasons.

This Compliance Bulletin provides more information from the nine new FAQs below. Employers that are subject to the ADA should not only become familiar with these FAQs, but also review the EEOC’s full guidance, which was initially issued on March 18 and updated various times in 2020.

An employer is subject to the ADA if it has 15 or more employees. Smaller employers may be subject to similar rules under applicable state or local laws.

 

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