On Could 28, 2021, the U.S. Equal Employment Alternative Fee (EEOC) issued an replace to its December 2020 steering relating to COVID-19 vaccinations and incentive applications. The steering was an try to deal with how federal equal employment alternative (EEO) legal guidelines could also be implicated by employer insurance policies associated to COVID-19 vaccinations.
The EEOC steering mentioned employers might require vaccination for these coming into the office, with some exceptions associated to the ADA and Title VII. The ADA requires employers to think about whether or not they can accommodate staff who’ve a disability-related motive for not taking the vaccine. Title VII requires employers to attempt to accommodate staff whose sincerely held non secular beliefs or practices prohibit vaccination. In each instances, lodging aren’t required in the event that they put an undue hardship on the employer.
The steering additionally says that employers can provide incentives for workers to get vaccinated so long as the choices are “not coercive.” Since vaccinations require staff to reply disability-related screening questions, a major incentive might make staff really feel pressured to reveal protected medical info, the EEOC says.
This text explains the main points of the EEOC steering, discusses questions not answered by the steering, and provides sensible options for employers to think about as they determine transfer ahead.
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