Our colleagues Susan Gross Sholinsky, Lauri F. Rasnick, Jennifer Barna, Gretchen Harders, Nathaniel M. Glasser, and Nancy Gunzenhauser Popper of Epstein Becker Green have recently published an Act Now Advisory that will be of interest to our readers: “EEOC Updates Guidance on COVID-19 Vaccination Policies, Including Mandates, Incentives, and Accommodations.”
The following is an excerpt:
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the release of updated guidance regarding the COVID-19 vaccine, providing welcome clarity around a number of vaccine-related issues for employers, as they are revising safety policies and adjusting practices in response to new federal and state guidance on face coverings and social distancing. The EEOC confirmed its prior guidance that employers may mandate that employees be vaccinated for COVID-19, including as a condition to entering the workplace, subject to reasonable accommodation requirements under applicable law, while providing more significant detail on how employers should:
- implement vaccine mandates,
- receive and maintain documentation regarding an employee’s vaccination,
- implement vaccination clinics hosted by the employer or its agent, and
- educate or incentivize employees to receive the vaccine.