EEOC Issues Updated Guidance on Vaccines in the Workplace
On May 28th, the Equal Employment Opportunity Commission (EEOC) issued updated guidance in response to frequently asked questions from employers about vaccines in the workplace context. The guidance provides some clarity to employers on vaccine mandates and incentives, stating:
• Federal laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the Americans with Disabilities Act (ADA).
• Federal laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. If employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.
• Employers that are administering vaccines to their employees may offer incentives for employees to be vaccinated, as long as the incentives are not coercive.
• Employers may provide employees and their family members with information to educate them about COVID-19 vaccines and raise awareness about the
benefits of vaccination.
Check out the EEOC guidance for detailed information.