As Americans continue to be vaccinated in the wake of the
COVID-19 pandemic and pursuant to CDC recommendations, the Equal
Employment Opportunity Commission ("EEOC") updated its COVID-19 guidance on May 28, 2021, regarding
employers and COVID-19 vaccines. The new EEC guidance on
vaccinations update is in the form of Q&As relating to
mandatory vaccination policies, accommodation, confidentiality, and
incentives.
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 including disability resulting from pregnancy-related
conditions, or sincerely held religious beliefs. Additionally, the
EEOC specifically noted that "because some individuals or
demographic groups may face greater barriers to receiving COVID-19
vaccination", employers with mandatory vaccination
