While there has been growing speculation on the issue, on December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance guide, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” to address employer mandatory vaccination policies.
In its updated guidance (which can be found under Section K. Vaccinations) the EEOC opines that the COVID-19 vaccine is not a medical examination, effectively permitting employers to require that employees be vaccinated for COVID-19. In doing so, employers may require that employees provide proof of vaccination. To read our full legal update, click here.