Employers can legally require COVID-19 vaccination for employees to re-enter the workplace and can provide incentives to encourage employees to get a shot, according to new guidance from the Equal Employment Opportunity Commission.
Companies are still required to provide reasonable accommodations for employees who are exempt from mandatory immunization based on the Americans with Disabilities Act, Title VII of the Civil Rights Act and other federal laws.
It would also be illegal to apply a vaccination requirement in a way that treats employees differently based on race, national origin, religion, sex, sexual orientation, gender identity, pregnancy, disability, age, or genetic information, the EEOC wrote. The new guidance answered some legal questions but still creates enough room for interpretation that could prompt lawsuits as companies bring their workers back to the workplace, according. If companies follow CDC guidance and allow vaccinated employees to go without a mask but require unvaccinated employees to wear a mask, for instance, employers could find themselves in the position of policing the workplace and asking employees to disclose their medical information.
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