EEOC Addresses Mandatory COVID-19 Vaccinations & the ADA

On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) and other federal fair employment laws while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic.

The new FAQs address whether employers may require employees to receive COVID-19 vaccinations. They were added to guidance that the EEOC first issued on March 18, 2020, and then updated several times.

The Compliance Bulletin linked below contains the EEOC’s updated FAQs in full, which draw from the EEOC’s existing pandemic publication, Pandemic Preparedness in the Workplace and the ADA, to help employers navigate workplace issues related to COVID-19. The nine newly added FAQs about vaccinations begin on page 19 of this document.

Employers are subject to the ADA if they have 15 or more employees. Smaller employers may be subject to similar rules under applicable state or local laws.

Action Steps

All employers should follow the most current guidelines and suggestions for maintaining workplace safety, as issued by the Centers for Disease Control and Prevention (CDC) and any applicable state or local health agencies.

Employers with 15 or more employees should also become familiar with and follow the guidance provided in the EEOC’s FAQs about ADA compliance. These and all smaller employers should ensure that they comply with state and local anti-discrimination laws as well.

Read the full compliance bulletin linked below for more information