As the initial doses of the first approved COVID-19 vaccines are being administered across the United States, the EEOC has issued its initial guidance on vaccinations as part of its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” publication.
The EEOC’s latest FAQ-style guidance discusses a number of issues that employers need to consider assuming that they are requiring the vaccine. Some of the key issues that the EEOC opined on include:
Responding to disability accommodation requests: The EEOC outlines a multi-step process for how employers can think about the interplay between requiring a vaccine and accommodating a disability
The EEOC notes that the EEO laws “do not interfere with or prevent employers from following CDC or other federal, state, and local public health authorities’ guidelines and suggestions.” No doubt, there will be additional guidance from these authorities as more COVID-19 vaccines are approved and distributed. We will continue to monitor developments on these issues and will report them here. Stay tuned.