Mandatory requirements for COVID vaccination of employees for COVID has been a common topic in our peer groups. The common sentiment was it seems a lot like drug testing and the flow through requirement from clients. But, it also strikes a more personal nerve for some folks. So, we asked Mark Voigtmann, a lawyer at Faegre Drinker Biddle & Reath LLP, who has done a lot of work with CSIA clients over the years. His firm recently put out the following regarding EEOC Guidance Regarding COVID-19 Vaccinations.
In short, EEOC’s position is that employers may require employees to be vaccinated before returning to the workplace. The EEOC has clarified that the administration of a COVID-19 vaccine does not seek information about an individual’s impairments or current health status and thus does not constitute a “medical examination” under the ADA. An employer would need to demonstrate that vaccination is a “job-related and consistent with business necessity.” For instance, clients requirements for contractors would seem to apply. Further, employers may need to make accommodations for people with disabilities or religious beliefs that prevent vaccination.
If you are interested in joining a peer group to share insights and advice on how to overcome this adversity or as a sounding board for our respective strategies, let us know and we’ll explore which of our groups would be the best fit for you.