As the COVID-19 vaccination is being distributed across the nation, many businesses are asking whether they can or should require their workforces to get the vaccine. In response to such questions, the Equal Employment Opportunity Commission (EEOC) recently issued guidance on vaccination-related issues in the workplace. Such issues implicate the Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”), among other laws. Employers who are considering implementing vaccination programs should adhere to the EEOC guidance.

However, Employers should understand what the requirements are under the EEOC guidance and what factors can impact them if they are not followed. Moreover, proper communication of policies should ensure proper compliance. Employees will have many questions and the Employer needs to have the answers to ensure the employees have confidence.

Employers also have to ensure there are accommodations made for those employees who are not ready for mandatory vaccinations because of religious or disability concerns. The bottom line is that there should be some accommodations made that do not impose an undue hardship to offer those employees in these specific scenarios.