EEOC updates vaccination guidance, clarifies what employers can require

Updated guidance for the COVID-19 vaccines has been issued by the Equal Employment Opportunity Commission (EEOC), the agency responsible for administering the federal employment antidiscrimination laws. Before the revised guidance came out, it was somewhat unclear whether employers could require employees to receive a vaccine, even with accommodations for workers with religious or medical exemptions. The new guidance adds a wrinkle under Title VII of the Civil Rights Act of 1964 as well as some cautions on vaccine incentives.

Mandatory vaccinations allowed, but . . .

The updated guidance makes clear the federal antidiscrimination laws don't prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, regardless of whether they received the shots in the workplace or from a third party.

Consistent with earlier guidance, employees who can't get the vaccine because of a disability or a sincerely held religious belief may be entitled to a reasonable accommodation under Title VII or the Americans with Disabilities Act (ADA). If an employee claims the protected status, you need to engage in the "interactive process." You may deny the requested accommodation, however, if it would result in an "undue hardship" to your business.

The EEOC also cautioned employers to be aware of the "disparate impact" a mandatory vaccination policy may have on protected groups of individuals who may not have adequate access to the vaccine: