EEOC Issues
Updated COVID-19 Technical Assistance on Vaccines
The U.S. Equal Employment Opportunity Commission (EEOC)
today posted updated and expanded technical
assistance related to the COVID-19 pandemic, addressing questions
arising under the federal equal employment opportunity (EEO) laws.
The EEOC also posted a new resource
for job applicants and employees, explaining how federal employment
discrimination laws protect workers during the pandemic. These
publications are provided to help employees and employers understand
their rights and responsibilities at work during the pandemic.
The expanded technical assistance provides new information
about how the Americans with Disabilities Act (ADA) and the Genetic
Information Nondiscrimination Act (GINA) 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 come into play regarding the COVID-19 pandemic for employers and
employees.
The key updates to the technical assistance are summarized
below:
- Federal
EEO laws do not prevent an employer from requiring all employees
physically entering the workplace to be vaccinated for COVID-19, so
long as employers comply with the reasonable accommodation
provisions of the ADA and 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. From
an EEO perspective, employers should keep in mind that because some
individuals or demographic groups may face greater barriers to
receiving a COVID-19 vaccination than others, some employees may be
more likely to be negatively impacted by a vaccination requirement.
- 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 (not the
employer) 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
that are administering vaccines to their employees may offer
incentives for employees to be vaccinated, as long as the incentives
are not coercive. Because vaccinations require employees to answer
pre-vaccination disability-related screening questions, a very 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.
The new resource for job applicants and employees provides
basic information about how federal employment discrimination laws help
workers who are being harassed; who need extra protection against getting
sick; who are not being allowed to work; or who need a modification of
their employer’s COVID-19 safety requirements. These two publications
follow an EEOC
hearing on April 28 on the impact of the COVID-19 pandemic on
civil rights in the workplace at which the EEOC heard from a wide range
of experts. They were prepared prior to the CDC’s new
guidance for fully vaccinated individuals issued on May 13,
2021, and do not specifically address that new guidance.
As new developments occur, the EEOC will consider any impact
they may have on EEOC’s COVID-19 technical assistance and will provide
additional updates and assistance to the public as needed.
The EEOC advances opportunity in the workplace by enforcing
federal laws prohibiting employment discrimination. More information is
available at www.eeoc.gov.
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