On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) clarified and supplemented its previous guidance from December 2020 relating to vaccination requirements in the workplace. The EEOC confirmed that employers can require all employees physically entering the workplace to be vaccinated for COVID-19, subject to providing reasonable accommodations for employees who, because of a disability or a sincerely held religious belief, practice, or observance, do not get vaccinated for COVID-19. Employers are not required to provide this reasonable accommodation if the accommodation would pose an “undue hardship” on the operation of the employer’s business.
The EEOC also confirmed that employers are permitted to ask employees whether they have been vaccinated, but must keep such information confidential and store the information separately from the employee’s personnel files.
When analyzing what satisfies a “reasonable accommodation,” and what constitutes an “undue hardship” on the employer, each situation is fact-specific. For assistance in determining what is the best practice for your business, please contact us.
*Required Disclaimer: This alert is provided for informational purposes and does not constitute, and should not be considered legal advice. Specific facts and circumstances will differ. Neither the transmission nor the receipt of this information shall create an attorney-client relationship between the transmitter and the recipient. You should not take, or refrain from taking, any action based upon information contained in this alert without consulting legal counsel of your own choosing. Under applicable professional rules of conduct, this informational publication may be considered attorney advertising.