The U.S. Equal Employment Opportunity Commission (EEOC) recently updated its technical assistance questions and answers for employers on COVID-19 vaccinations. Updated issues to note include:
- Employers may implement vaccine requirements so long as certain reasonable accommodations for employees who, because of a disability or religious beliefs, do not get vaccinated, unless providing an accommodation would pose an undue hardship on the business.
- An example of a reasonable accommodation provided by EEOC is that an unvaccinated employee might wear a face mask.
- Information about an employee’s vaccination, such as a vaccination record, must be kept confidential under the Americans with Disabilities Act (ADA) just like any other medical information for employees.
- Guidance on how to assess employees seeking accommodation from a COVID-19 vaccination requirement.
- Guidance on disability-related inquiries or medical examinations as a part of employer-provided mandated vaccinations.
- Employer inquiries about or requests for documentation of vaccines are permitted under the ADA. However, documentation or other confirmation of vaccination is medical information and must be kept confidential.
- Employers may offer incentives to employees to be vaccinated so long as they are not so substantial as to be coercive.
Providers should review the full Q&A and consult with their employment attorney before implementing a vaccine requirement for employees.
