Employer’s mandatory vaccination policy update

Equal Employment Opportunity Commission (EEOC) guidance has confirmed employers may require a COVID-19 vaccination as a condition of employment and/or to return to the workplace. Employers that choose to do so, however, need to be careful about how they implement the vaccine requirements.

Who will administer vaccine?

Under the EEOC's guidance, administering the COVID-19 vaccine or asking whether an employee has been vaccinated isn’t by itself a medical examination or a disability-related inquiry under the Americans with Disabilities Act (ADA).

The U.S. Centers for Disease Control and Prevention (CDC), however, requires healthcare providers to ask certain prescreening questions before administering the vaccine to ensure there’s no medical reason that would prevent an individual from being vaccinated. The prescreening questions may violate the ADA by eliciting an employee’s disability-related information.

You can avoid the ADA restriction by (1) leaving it to employees to get their shots from a public or private entity and (2) simply asking them to provide proof of vaccination. You should obtain no more than the vaccination certification from employees. Don’t ask for or accept any other medical information.

If you choose to administer a mandatory vaccine at your own facilities, you will be responsible for showing the prescreening questions are “job-related and consistent with business necessity.”