As the news of COVID-19 vaccines reaching front line workers reaches the top of the news charts, the EEOC has issued guidance for employers looking to navigate their options once vaccines become more widely available. Notably, the EEOC states that employers are lawfully permitted to require employees to be vaccinated with a COVID-19 vaccine before they may return to their physical worksites. When necessary, employers will have to make accommodations for employees with medical restrictions (and potentially, with disabilities protected under the ADA) or religious objections, who do not wish to receive the vaccine.

When it comes to requesting employees show documentation of their vaccination, employers should be cautious not to make a prohibited disability-related inquiry under the ADA. For example, in their Law and workplace blog, Proskauer Rose notes that:

“The EEOC’s guidance also makes clear that merely asking an employee to provide proof of a COVID-19 vaccination does not amount to a prohibited disability-related inquiry.  Nevertheless, employers seeking proof of vaccination should consider affirmatively advising employees not to provide any medical information on such documentation.”

Employers should consider how their continued return to work planning will be impacted by the EEOC’s guidance.

The full text of the EEOC’s December 16th guidance can be viewed on their website.