Yes, Employers can require the COVID-19 vaccine

In a recent opinion, the Equal Employment Opportunity Commission has decided that employers can require workers to get vaccinated against COVID-19 , with a few exceptions.

Essentially, the EEOC said employers can require that employees get inoculated as a condition of going to work, unless an employee declines because of a disability or a sincerely held religious belief. In such cases, the employer must offer a reasonable accommodation to the employee, such as working remotely, as long as the accommodation doesn’t cause “undue hardship” for the employer. If there is no accommodation possible, then an employer may prohibit the employee from entering the premises but not necessarily terminate the employee. The employer must see if the employee has any other rights under federal or local laws, including the ability to take unpaid leave under the Family and Medical Leave Act.

According to the EEOC guidelines, Managers and supervisors responsible for communicating with employees about compliance with the employer’s vaccination requirement should know how to recognize an accommodation request from an employee with a disability and know to whom the request should be referred for consideration. Employers and employees should engage in a flexible, interactive process to identify workplace accommodation options that do not constitute an undue hardship (significant difficulty or expense). This process should include determining whether it is necessary to obtain supporting documentation about the employee’s disability and considering the possible options for accommodation given the nature of the workforce and the employee’s position.

You can access the complete EEOC guidelines at the link below.

https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=#exclude

If you have concerns or questions on how these guidelines may affect your particular place of employment or would like guidance as to how to implement the vaccine requirement in your place of business, contact Giamanco Law Partners, Ltd., at 630-635-5555 or visit us at www.glawpartners.com. We offer free phone consults.