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Key Points from the EEOC 5/28/21 COVID-19 Technical Assistance Update

Today, the U.S. Equal Employment Opportunity Commission (EEOC) posted an update and expansion to its guidance relating to the COVID-19 pandemic. It clarifies questions concerning vaccination in the employment context. Here are the key takeaways from the Technical Assistance Update:

  • There are no laws that prevent an employer from requiring all employees entering the workplace to be vaccinated, so long as employers also comply with reasonable accommodations under the ADA, Civil Rights Act, and other considerations. Employers should keep in mind the many barriers to vaccination if they are creating a vaccination requirement.

  • Employers may provide incentives for employees to produce documentation of an obtained vaccination. However, vaccination information is classified as personal and confidential, and thus should be handled accordingly.

  • Employers may incentivize employees to receive a vaccine that they will provide and administrate, so long as the incentive is not coercive. Employers cannot create a situation that incentivizes the disclosure of protected medical information.

  • Employers may provide employees and their families with information regarding COVID-19 vaccinations to help raise awareness about the benefits of vaccination.

Below is an infographic that may help employers and employees understand their rights and responsibilities surrounding work during the pandemic.

Please visit www.eeoc.gov for more information.

Link to 05-28-2021 EEOC Technical Assistance Update.