Most Organizations Will Not Require Vaccination, Gartner Report Finds

Janie Schulman spoke to Corporate Counsel about the results of a recent Gartner report, which found that a majority of organizations will not require their employees to be vaccinated for the coronavirus.

According to Janie, the Equal Employment Opportunity Commission (EEOC) has called the prescreening questions for vaccines a "medical examination" and can thus be asked only if they are job-related and "consistent with business necessity."

"The EEOC carved out an exception from this requirement: If vaccination is voluntary, and the decision to answer the pre-screening questions is voluntary," Janie explained. "This means that employers that mandate the vaccine have another avenue for being accused of an ADA [Americans with Disabilities Act] violation that non-mandating employers won't face."