On May 28, the Equal Employment Opportunity Commission (“EEOC”) updated its
guidance and provided additional information regarding COVID-19 vaccinations in the
workplace. The EEOC affirmed its earlier position that mandatory vaccination policies are
permissible, provided that employers allow accommodations for employees with sincerely-held religious beliefs and disabilities. The EEOC clarified that employers may ask employees about their vaccination status and require proof of vaccination but that this information must be treated confidentially. Additionally, the updated guidance cautioned employers to consider how a mandatory policy may disparately impact employees including individuals or demographic groups who face greater barriers to obtaining the vaccination than others.
The EEOC also affirmed that employers may be required to provide accommodations to both
vaccinated and unvaccinated employees, recognizing that the vaccine may not provide the same level of protection for employees with underlying medical conditions. Examples of reasonable accommodations may include requiring an unvaccinated employee to wear a face covering, continued social distancing, modified shifts, remote work, or temporary reassignment. Pregnant employees who elect not to receive the vaccine may also be entitled to similar accommodations.
For more information on COVID-19 Vaccinations and the Workplace, see our January 2021 Advisor.
