EEOC Gives Vital Guidance for Employers on COVID-19 Vaccinations
On Dec. 16, 2020, the United Stated Equal Employment Opportunity Commission (EEOC) released much-anticipated guidance regarding employers’ ability to enact mandatory COVID-19 vaccination policies.
The new guidance addresses many questions regarding the interaction between mandatory vaccination policies and the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1963 (Title VII), and the Genetic Information Nondiscrimination Act (Act). However, employers should be cognizant that states and localities may have their own anti-discrimination or privacy laws, which may provide additional protections to employees.
Can Employers Mandate Employees to Take a COVID-19 Vaccine?
Three pharmaceutical companies, AstraZeneca, Moderna and Pfeizer, have announced COVID-19 vaccines, which the director of the National Institute of Allergy and Infectious Diseases, Dr. Anthony Fauci, has announced could be available as early as late December 2020. Governor Mike DeWine announced some Ohio health care professionals could receive the COVID vaccine as early as Dec. 15, 2020. If and when these vaccines become available, can private employers require employees to take the vaccine?