The US Equal Employment Opportunity Commission (EEOC) issued revised guidance on December 16
relating to COVID-19 vaccines in the workplace. As the Food and
Drug Administration began to authorize emergency use of vaccines,
the much-anticipated guidance from the EEOC effectively permits
employers to impose a mandatory vaccination program under certain
conditions.
For employers considering a vaccination mandate, the revised
guidance addresses how employers should respond to employees who
may decline vaccination due to their disability or religious
belief, and how employers should administer a mandatory vaccination
program.
ADA compliance
The Americans with Disabilities Act allows an employer to have a
qualification standard, such as a vaccination requirement, that
requires “an individual shall not pose a direct
threat to the health or safety of individuals in the
workplace.” Before screening out an employee who did not
receive vaccination due to a disability, the
