The Equal Employment Opportunity Commission posted updated technical assistance related to the COVID-19 pandemic, addressing questions arising under the federal equal employment opportunity laws, according to eeoc.gov.
The expanded technical assistance provides new information about how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply when an employer offers incentives for employees to provide documentation or other confirmation of vaccination when an employee gets a vaccine in the community or from the employer or its agent. The technical assistance answers COVID-19 questions only from the perspective of the EEO laws; other federal, state and local laws apply for employers and employees.
Key updates to the technical assistance include:
- Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19 provided employers comply with the reasonable accommodation provisions of the ADA, Title VII of the Civil Rights Act of 1964 and other EEO considerations. Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers.
- Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party in the community, such as a pharmacy, personal health care provider or public clinic. If employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.
- Employers administering vaccines to their employees may offer incentives for employees to be vaccinated provided the incentives are not coercive. Because vaccinations require employees to answer pre-vaccination disability-related screening questions, a large incentive could make employees feel pressured to disclose protected medical information.
- Employers may provide employees and their family members with information to educate them about COVID-19 vaccines and raise awareness about the benefits of vaccination. The technical assistance highlights federal government resources available to those seeking more information about how to get vaccinated.
