On December 16, 2020, the U.S. Equal Employment Opportunity
Commission ("EEOC") issued guidance for employers
regarding the intersection of employer COVID-19 vaccine policies
and various federal equal employment opportunity laws. The guidance
comes on the heels of the FDA's first emergency use
authorization ("EUA") of a COVID-19 vaccine, which is now
rolling out in all 50 states. The guidance addresses many important
considerations for employers to keep in mind as they navigate plans
to bring their employees back to work, and determine whether or not
a mandatory vaccine policy should be part of their plans.
Importantly, the EEOC's guidance confirms that employers
will be permitted to implement and maintain mandatory vaccination
policies, provided employers reasonably accommodate certain types
of employees. First, employers with mandatory COVID-19 vaccination
requirements must engage in the interactive process with employees
who cannot be vaccinated for
