As the largest inoculation effort in human history kicked off in December, the EEOC provided guidance on mandatory employee vaccinations. According to NAM Director of Labor and Employment Policy, Drew Schneider, the EEOC allows employers to require employees to take the vaccine, so long as the company meets requirements under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act.
Equal employment laws still apply during the pandemic, but the EEOC states that they “do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19.”
“If an employee is unable to take the vaccine due to a disability, an employer may only exclude the employee from the workplace if that worker presents a ‘direct threat’ to other workers and the employer is unable to provide a reasonable accommodation to the employee that would eliminate or reduce the risk to other employees,” says Schneider.
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