On May 28th, the EEOC published updated guidance relating to the COVID-19 Vaccine. This newly published guidance aligns with the information we at Cascade Employers Association have previously advised employers on.
Highlights include:
- Employers may offer COVID-19 vaccination incentives to employees but the incentives may not be “so substantial as to be coercive.”
- As long as the employer does not directly administer the COVID-19 vaccine, employers may offer vaccination incentives to employees for proof of their family members’ vaccinations as long as the incentive is also not “so substantial as to be coercive.”
- Employers may require proof of the COVID-19 vaccination but the information must be treated as confidential medical information under the ADA.
- If an employer requires COVID-19 vaccinations, employees who seek an exemption due to disability must request an accommodation and supervisors are responsible for correctly recognizing and processing such accommodation requests.
- Moreover, if an employee seeks a disability exemption from a mandatory vaccination policy, employers should determine if not being vaccinated poses a direct threat and whether a reasonable accommodation would reduce or eliminate that threat.
- Employers also need to consider religious exemptions from mandatory vaccination policy.
- For employees who seek exemptions from a mandatory COVID-19 vaccination policy, job modifications such as telework and schedule changes may be required.
Please don’t hesitate to reach out if you have any questions!