DFEH releases COVID-19 vaccine guidance

March 2021 employment law letter

Authors:

Cathleen S. Yonahara, Freeland Cooper & Foreman LLP

On March 4, 2021, the California Department of Fair Employment and Housing (DFEH) issued long-awaited guidance on COVID-19 vaccination and updated its virus FAQs, which were last revised on July 24, 2020. The guidance addresses critical questions that employers are asking: May employers require employees to be vaccinated against COVID-19, and if so, how should they structure a vaccination program to comply with the California Fair Employment and Housing Act (FEHA)?

This guidance is certainly timely, as President Joe Biden recently announced that all American adults should be eligible for a vaccination by May 1, 2021.

DFEH questions and answers

May an employer require employees to be vaccinated against COVID-19? Under the FEHA, you may require employees to receive a vaccination against COVID-19 infection that has been approved by the U.S. Food and Drug Administration (FDA) so long as you:

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