The Food and Drug Administration (FDA) recently authorized the Emergency Use of two COVID-19 vaccines. Many employers view these vaccines as the key to safely bringing employees back to the workplace. The EEOC recently issued guidance entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”. The guidance strongly suggests that employers may implement mandatory vaccination policies prior to permitting employees to return to the workplace. Nevertheless, employers should be mindful of potential issues and considerations involving the Americans with Disabilities Act (ADA), Title VII, and Title II of the Genetic Information Non-Discrimination Act (GINA). Therefore, prior to implementing a mandatory vaccine requirement, employers should work with legal counsel to ensure compliance with all applicable laws.
On January 20, 2021, attorneys Carl Habekost and Robert Solt, IV will be discussing these issues and more in a free webinar. Register now.