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On May 28, the EEOC released updated and expanded guidance for employers to address many unanswered questions regarding COVID-19 vaccinations. The updates supplement prior EEOC guidance and focus on four topics: mandatory vaccination policies, accommodations and exemptions, information about employee vaccination status, and vaccine incentives.
Federal Equal Employment Opportunity (EEO) laws do not prohibit policies requiring that all employees who physically enter a workplace receive a COVID-19 vaccination, so long as such policies comply with the reasonable accommodation provisions of the Americans with Disabilities Act and Title VII of the Civil Rights Act as well as other applicable laws, according to technical assistance from the U.S. Equal Employment Opportunity Commission updated May 28.
The EEOC emphasizes on the workplace anti-discrimination laws, including the ADA and the Rehabilitation Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA) to avoid any bias that may occur during vaccination. There are other federal and state or local laws that may provide employees with additional support and protection.
Can employers also offer incentives to employees to voluntarily show documentation or confirmation that they have received a COVID-19 vaccine? What limits are crucial to consider while incentivizing employees to voluntarily receive a vaccine administered by an employer or its agent?
An employer may offer an incentive to employees to provide documentation or other confirmation from a third party not acting on the employer's behalf, such as a pharmacy or health department, that employees or their family members have been vaccinated. The vaccine on their own from a pharmacy, health department, or community health partner, or whether the employee receives a vaccine administered by the employer or an agent of the employer.
The long-awaited update by EEOC may answer some of the questions employers have regarding COVID-19 vaccination requirements, but other areas may be less certain.
For example, the issue of incentives: as per the document, Employers may offer incentives to employees to voluntarily receive a vaccine, whether the employee receives the vaccine on their own from a pharmacy, health department, or community health partner, or whether the employee receives a vaccine administered by the employer or an agent of the employer.
Join Clatid to have an expert-led discussion on these new guidelines, where we will answer some of the confusing aspects of vaccinations in your workplace.
-Why was the previous EEOC guidance not clear enough for Employers to develop vaccine mandates or voluntary vaccine programs?
-What key points does this new EEOC update emphasize on and why is it important to comply with them?
-What are the compliance landmines for implementing a vaccine program?
-How can not having a vaccine program lead to litigation?
-How will the new guidance ensure Employers the ability to create vaccine policies that have a positive impact in the workplace?
-Now that the Center for Disease Control and Prevention (CDC) has relaxed mask mandates, are Employers able to mitigate their workplace?
-What should Employers do when employees refuse vaccination?
-How can employers manage exemptions to the vaccine that meets the EEOC compliance?
-How can employers provide employees with the confidence to encourage their vaccine program?
-What are the recommended best practices for Employers to implement effective vaccine programs?
-How can the communication by OSHA can provide effective guidance for Employers to provide confidence for their employees in the workplace?
-What is crucial to consider while creating vaccine policies?
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-Company Leadership
-Payroll Administrators
-Managers/Supervisors
-Employers in all industries
-Business Owners
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Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
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