EEOC Finally Updates Its COVID-19 Technical Assistance Guidance

Employers can require all employees returning to work to be vaccinated and offer incentives to obtain proof of vaccinations.

EEOC finally updates its COVID-19 guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” Even though the guidance was updated on May 28, 2021, it was prepared prior to the CDC’s updated guidance for fully vaccinated individuals issued on May 13, 2021.

The new guidance adds 12 new FAQs and updates an additional nine FAQs. The following summarizes some of the new key points.

• Employers can require all employees physically entering the workplace to be vaccinated for COVID-19 if they follow the reasonable accommodation provisions of Title VII and the ADA and ensure that the requirement is not disproportionately impacting employees based on their race, color, religion, sex or national origin or age.
• Examples of reasonable accommodations or modifications includes: allowing all unvaccinated employees to: (1) wear a face mask, (2) work at a social distance from coworkers, (3) work a modified shift, (4) get periodic tests for COVID-19, and (5) be given the opportunity to telework or accept a reassignment.
• Employers offer incentives to employees to voluntarily provide proof of vaccination obtained from a third party in the community. All information regarding a vaccinated or unvaccinated employee must be kept confidential and stored separately from the employee’s personnel files.  
• Employers can offer incentives to encourage employees to get the COVID-19 vaccine as long as it is “not so substantial as to be coercive.

The full guidance can be viewed here.