But they have to provide some reasonable accommodations.
The new guidelines reiterate the commission's position that federal employment laws do not prohibit companies from requiring workers to get vaccinated if they're coming back to the physical workplace. That means that, yes, an employer can mandate that returning employees get vaccinated.
But the rules also stipulate that companies are required to provide reasonable accommodations for employees who can't or do not want to get the COVID-19 vaccines due to a “disability or a sincerely held religious belief, practice, or observance.” Those accommodations can include things like having that employee wear a, stay physically distanced from other employees, get tested for COVID-19 regularly, work a modified shift, or work from home if possible.
Based on requirements in the Americans With Disabilities Act , the EEOC also says that employers need to keep information about employees' medical history confidential—including whether or not they've gotten a COVID-19 vaccine. Companies are allowed to ask forthat an employee was vaccinated in the community, such as at a state-run vaccination site or a pharmacy, but the employer is also required to keep that information confidential.
The goal is, of course, to make returning to the physical workplace as safe as possible for everyone, including those who have and haven't gotten a COVID-19 vaccine. However, the EEOC notes that, due to disparities in access to the vaccines, an employer vaccine requirement may have disproportionate effects on certain employees.
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