EEOC: Employers May Require COVID Vaccination

From the Equal Employment Opportunity Commission:

The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations.

These principles apply if an employee gets the vaccine in the community or from the employer.

In some circumstances, Title VII and the ADA require an employer to provide reasonable accommodations for employees who, because of a disability or a sincerely held religious belief, practice, or observance, do not get vaccinated for COVID-19, unless providing an accommodation would pose an undue hardship on the operation of the employer’s business.

Bloomberg Law reports:

Employers can offer bonuses and other incentives to encourage employees to get the Covid-19 vaccine, the U.S. Equal Employment Opportunity Commission said in updated guidance addressing a legal gray area during the pandemic.

“Federal EEO 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,” the agency said Friday.

However, employers that administer vaccines to their employees must ensure the incentives aren’t coercive, it said.

EEOC says employers can legally require workers to get a COVID vaccine. Agency also says employers can offer incentives for workers to get vaccinated. Appears there is no limit on the incentive size as long as the employer isn’t administering it. https://t.co/JHtJynSMHZ pic.twitter.com/86ZFgWeXDT

— Bob Herman (@bobjherman) May 28, 2021