As the COVID-19 Delta variant spreads, many employers are
becoming increasingly concerned about the health and safety of
their workforce and have again begun looking toward additional
safety measures to combat COVID-19 in the workplace. Such measures
include but are not limited to mandatory vaccinations (showing
proof of their vaccination status) for employees. When determining
whether to require COVID-19 vaccines for employees (or require
proof of vaccination status), employers should consider the
following:
1. Anti-Discrimination Statutes
The Equal Employment Opportunity Commission (“EEOC”)
has provided updated guidance regarding COVID-19
vaccinations in the workplace. The updated guidance reiterates
the EEOC's original position taken in December 2020 that
employers can mandate that all employees who physically enter the
workplace be vaccinated. Such mandate, however, is subject to
reasonable accommodation for disability (Americans with
Disabilities Act)
