Breaking News: EEOC Greenlights Employer Mandated COVID-19 Vaccine

https://www.natlawreview.com/article/eeoc-publishes-guidance-employer-mandatory-covid-19-vaccination-policies-us

On December 16, 2020, the EEOC updated its ongoing COVID-19 guidance with questions-and-answers specifically addressing mandatory COVID-19 vaccination policy issues. The short version of this guidance is that employers can implement and enforce mandatory COVID-19 vaccination policies for employees, with certain exceptions and caveats.

Here are the key takeaways:

1. 1. Employers can require that employees receive the COVID-19 vaccine (once it is available) as a condition of returning to, or remaining in, the workplace.
   2. However, employers must attempt to accommodate employees who, due to medical disabilities or sincerely-held religious beliefs, decline or refuse to receive the vaccine.
   3. If an employer determines, based on objective evidence, that the presence of an unvaccinated employee (i.e., one who declines or refuses to be vaccinated against COVID-19 for disability or religious reasons) presents a direct threat to the health and safety of persons in the workplace that cannot be reduced or eliminated through a reasonable accommodation, the employer can exclude the employee from the workplace.
   4. When the employer excludes an unvaccinated employee from the workplace due to the perceived direct threat presented by his or her presence in the workplace, the employer may not automatically terminate the employee, but instead must assess whether other accommodations, such as remote work, can be provided.