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May 28, the EEOC issued updated and expanded guidance for employers, addressing many unanswered questions regarding COVID-19 vaccinations. The updates supplement prior EEOC guidance and focus on four topics: (1) mandatory vaccination On policies; (2) accommodations; (3) information about employee vaccination status; and (4) vaccine incentives. Below, we highlight the key guidance on each topic.

Federal equal employment opportunity laws do not prohibit policies requiring that all employees who physically enter a workplace receive a COVID-19 vaccination, so long as such policies comply with the reasonable accommodation provisions of the Americans with Disabilities Act and Title VII of the Civil Rights Act as well as other applicable laws, according to technical assistance from the U.S. Equal Employment Opportunity Commission updated May 28.

Employers also may offer incentives to employees to voluntarily show documentation or confirmation that they have received a COVID-19 vaccine, but the agency outlined some limits in the event that employers are incentivizing employees to voluntarily receive a vaccine administered by an employer or its agent. An employer may offer an incentive to employees to provide documentation or other confirmation from a third party not acting on the employer’s behalf, such as a pharmacy or health department that employees or their family members have been vaccinated.

The vaccine on their own from a pharmacy, health department, or community health partner, or whether the employee receives a vaccine administered by the employer or an agent of the employer

• Why was the previous EEOC guidance not clear enough for Employers to develop vaccine mandates or voluntary vaccine programs?
• Learn what the compliance landmines are for implementing a vaccine program.
• Learn how not having a vaccine program can lead to litigation.
• Will the new guidance ensure Employers the ability to create vaccine policies that have a positive impact in the workplace?
• Now that the Center for Disease Control and Prevention (CDC) has relaxed mask mandates, are Employers able to mitigate their workplace?
• What should Employers do when employees refuse vaccination?
• Learn how Employers can manage exemptions to the vaccine that meets the EEOC compliance.
• Learn how Employers can provide employees with the confidence to encourage their vaccine program.
• Learn how compliance best practices can help Employers to implement effective vaccine programs.
• Learn how the communication by OSHA can provide effective guidance for Employers to provide confidence for their employees in the workplace.
• Learn what the landmines are in creating vaccine policies.

The long-awaited document may answer some of the questions employers have regarding COVID-19 vaccination requirements, but other areas may be less certain.

Take, for example, the issue of incentives. Employers, per the document, may offer incentives to employees to voluntarily receive a vaccine, whether the employee receives the vaccine on their own from a pharmacy, health department, or community health partner, or whether the employee receives a vaccine administered by the employer or an agent of the employer. These new guidelines will answer some of the confusing aspects of vaccines in the workplace.

• All Employers
• Business Owners
• Company Leadership
• Compliance professionals
• Payroll Administrators
• HR Professionals
• Compliance Professionals
• Managers/Supervisor
• Employers in all industries

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