EEOC and DOJ OK Mandatory Workplace Vaccine Policies

The federal Equal Employment Opportunity Commission has updated its COVID-19-related guidance about COVID-19 vaccination of employees, including mandatory vaccination policies, vaccination incentive programs, and confidentiality requirements. Click here for the EEOC FAQ.

According to EEOC’s guidance, federal law does not prevent an employer from requiring all employees present in the workplace to be vaccinated for COVID-19 if the employer complies with the reasonable accommodation provisions of the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964

Federal law does not prevent or limit offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) such as a pharmacy, health care provider, or clinic.

Employers choosing to obtain vaccination information from their employees must keep that information confidential.

Employers may offer employees non-coercive incentives to be vaccinated. Vaccine recipients must answer a variety of medical history questions; a very large incentive could make them feel pressured to disclose protected medical information. Source: FELS

To learn more about COVID-19 and the ADA, The Rehabilitation Act, and other EEO Laws, click here.

For further assistance on mandating this and other policies within your business, please contact our Senior Vice President of Property & Casualty, Sean Copeland, CRA, ACRA: