GrayRobinson Labor & Employment E-lert: EEOC Addresses COVID-19 Vaccines in an Updated Publication

On December 16, 2020, the U.S. Equal Employment Opportunity Commission updated its technical assistance publication, What You Should Know About Covid-19 and the ADA, the Rehabilitation Act, and other EEO Laws (the “publication”). The publication contains questions and answers regarding COVID-19 and its interactions with various employment laws enforced by the EEOC. The updated publication includes a new section K providing information to employers and employees about how the availability and offering of COVID-19 vaccinations interacts with legal requirements of the American with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Non-Discrimination Act. The publication also includes guidance pertaining to medical pre-screening questions and employer accommodations for those who do not receive the COVID-19 vaccination. The publication explains that in establishing policies for vaccines employers can rely on guidance from the Centers for Disease Control and Prevention.