Now that at least two COVID-19 vaccines have been made available, all employers, including AAMP members, must consider the various issues involved in deciding whether to make vaccination mandatory for their employees. On December 16, 2020, the Equal Opportunity Commission (EEOC) updated its previous COVID-19 guidance to address the vaccine and the workplace. While not being explicit, the EEOC implied that making vaccination mandatory for all employees entering the workplace would be permissible under the Americans with Disabilities Act (ADA) and other laws administered by the federal agency. The only condition mentioned was that employers must properly respond to requests for exemption from mandatory vaccination, based upon a disability or a religion-based objection. Further guidance is likely to be provided, but for now, an employer’s obligations are fairly clear. Where an employee’s request for exemption is based upon a disability, the employer must determine whether permitting the unvaccinated employee to enter the workplace could create a ‘direct threat.’ A ‘direct threat’ is defined as a significant risk of substantial harm to the employee or others in the workplace. If there is such a threat, the employer must consider whether ‘reasonable accommodation’ could be made that would effectively reduce or […]

By : Mark McDowell Tags: