Wednesday, April 14, 2021
The Spring brings hope as more inoculations of the COVID-19 vaccine are given. Many business owners are already planning to evaluate their vaccine policy and the practical implications of the policy rollout. Whether they should require their employees to receive the vaccine or not, it is not too late to start thinking about potential compliance ramifications.
Through this blog we plan to address some concerns that are top of mind with small and medium size business (SMB) owners.
On December 16, the Equal Employment Opportunity Commission (EEOC) became the first agency to weigh in on vaccines and employment related issues. To date, we are not aware of any states or localities that have issued similar guidance.
The EEOC stated that administering a federally authorized coronavirus vaccine (such as the Pfizer or Moderna vaccines) is not a “medical examination” for purposes of the Americans with Disabilities Act (ADA). This is important because the ADA prohibits employers from conducting mandatory?medical examinations of employees unless they are “job-related and consistent with business necessity.” According to the recent EEOC guidance, and indeed historic practice of the EEOC, employers generally may require that employees get vaccinated, as long as the vaccination is “job-related and consistent with business necessity.”
For more information on:
- Vaccine Screening Questions
- Requesting Proof of Vaccination
- Potential Accommodations for Employees Who Cannot Be Vaccinated Due to a Disability
- What to Consider When Employees Decline to Be Vaccinated Due to Their Religious Beliefs