New EEOC COVID-19 guidance addresses vaccinations in workplace

After much anticipation, the Equal Employment Opportunity Commission (EEOC) recently released updated guidance on COVID-19 vaccination issues raised under the federal equal employment laws.

How we got here

In early 2020, the EEOC issued a technical assistance publication titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws.” The agency has updated the publication at various times throughout the pandemic.

The most recent version of the publication includes changes to Section K concerning vaccinations in the workplace. The section was last updated in December 2020.

5 things you need to know

Here are the five things you need to know about the new guidance.

First, you may require all employees physically entering the workplace to be vaccinated for COVID-19. For eligible employees seeking an exception to the policy, however, you must continue to engage in the interactive process and provide reasonable accommodations under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964.

The new guidance discusses accommodations for disabilities, religious beliefs, and pregnancy. It includes examples of possible accommodations, including wearing a mask, changing work hours or assignments, offering remote work, maintaining social distancing in the workplace, and transferring the employee to a new job.