EEOC Guidance on employees and vaccinations

by | Jun 4, 2021

On May 28, the U.S. Equal Employment Opportunity Commission (EEOC) published updated guidance for employers and employees about vaccinations, policies and civil rights. This has been received positively by many employer groups by clarifying that employers may offer incentives for employees to vaccinate and can request employees to provide documentation or other proof of vaccination. 

Here are the key takeaways:

  • Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19. To do this, employers must remain compliant with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964, which protects against employment discrimination based on race, color, religion, sex and national origin, as well as other EEO considerations.
  • Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination. This applies to information obtained from a third party (not the employer) in the community, such as a pharmacy, personal healthcare provider or public clinic. Employers requesting this information must keep it confidential under the terms of ADA. 
  • Employers who are administering vaccines to their employees may offer incentives for employees to be vaccinated, as long as the incentives are not coercive. 
  • Employers may provide employees and their family members with information to educate them about COVID-19 vaccines and raise awareness about the benefits of vaccination.

Read the entire guidance on the EEOC website. In our latest release, Safe Site Check In supports vaccination status requests at offices and jobsites while complying with privacy and confidentiality requirements. See our latest demo and customer perspectives here for more information.

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