EEOC Issues Revised Guidance Addressing COVID-19 Vaccines

On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued revised COVID-19 guidance addressing questions related to the administration of COVID-19 vaccinations to employees. Section K of the guidance now addresses several common questions employers have raised with respect to the now-available COVID-19 vaccine. While the EEOC points out that federal employment laws do not prevent employers from following guidelines and suggestions from public health authorities, the administration of vaccines to employees may raise legal issues employers should consider. Here is what you need to know.

• Vaccination Is Not a Medical Examination

The EEOC guidance confirms that the "vaccination itself is not a medical examination" within the meaning of the Americans with Disabilities Act (ADA). Thus, the administration of the COVID-19 vaccine is not itself a medical examination prohibited or limited by the ADA.