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EEOC Updates FAQs to Address Issues Around Employers Requiring COVID-19 Vaccinations

The Equal Employment Opportunity Commission (EEOC) updated its frequently asked questions (FAQs) concerning the application of federal EEO laws, including the Americans with Disabilities Act (ADA), the Rehabilitation Act, the Genetic Information Nondiscrimination Act, and Title VII during the COVID-19 pandemic to specifically address issues around employers requiring COVID vaccinations. 

The FAQ document addresses questions such as: (1) Whether an employer administered vaccination (or one administered by a third party hired by an employer) is a medical exam for ADA purposes?; (2) Whether asking an employee for proof they’ve had a COVID vaccination is a disability-related inquiry under the ADA?; (3) How employers requiring a COVID vaccination when they are available should respond to employees who say they cannot receive the vaccination due to a disability or sincerely held religious beliefs?; and (4) Whether asking an employee necessary pre-vaccination medical questions raises issues under the Genetic Information Nondiscrimination Act?

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