Mandatory Vaccines Or Mandatory Testing? A "Soft Approach"

In its recently amended Technical Assistance Guidance (What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws), the Equal Employment Opportunity Commission (EEOC) made clear that an employer may require COVID-19 vaccines for employees and exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace, because their presence would pose a direct threat to the health or safety of others.

Many employers may want to avoid drawing a red line between vaccinated and non-vaccinated employees by adopting a "soft" approach-requiring that employees either provide proof of vaccination or periodic proof of a negative COVID test, instead of imposing mandatory vaccines. (Indeed, the EEOC has also said that employers may lawfully choose to test employees for COVID-19 before permitting them to enter the workplace.)