EEOC Updates Guidance On COVID Vaccines: Mandatory Vaccinations Permitted, With Some Exceptions

Both practical and legal issues will need to be resolved, but as of today, the EEOC has signaled that mandatory COVID vaccinations are lawful for the vast majority of employees.

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance Questions and Answers to include information about COVID-19 vaccinations. This has been a hot topic for employers because of the recent emergency use authorization by the Food and Drug Administration (FDA) of vaccines developed by Pfizer-BioNTech and Moderna. The updated Guidance is found in Section K here.

Since last spring, the EEOC has issued multiple updates to its Q&A resources, advising employers how to navigate the potentially severe health and safety threat from COVID-19 while remaining compliant with workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA); Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination