On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on employer vaccination policies in the form of additional Q&As. Some of the Q&As relating to mandatory vaccination policies, accommodation, and confidentiality supplement and clarify EEOC guidance that was originally issued on these topics on December 16, 2020. Other Q&As are new as of May 28, 2021, including those relating to employer-provided incentives for receiving a COVID-19 vaccine.
The Guidance addresses COVID vaccine issues raised under the Americans with Disabilities Act (ADA), Genetic Information Nondiscrimination Act (GINA), and Title VII (including the Pregnancy Discrimination Act). The EEOC expressly states that it is “beyond the EEOC’s jurisdiction” to discuss the legal implications of Emergency Use Authorization (EAU) by the FDA, and whether or how that may affect employer-mandated vaccine policies. The EEOC directs readers to the FDA’s EUA page for more information about the legal implications of the FDA’s EUA for vaccines.
Key provisions of the Guidance are summarized below. All reference to vaccines or vaccinations in this publication refer to the COVID-19 vaccine.
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