New EEOC Guidance Unpacked in Four Steps

Just before Memorial Day weekend, the EEOC dropped its updated guidance (part K) on vaccinations. While they punted on addressing that surprise CDC mask guidance from a few weeks ago, the EEOC did clarify some important points for employers:

  1. Incentives for vaccines are OK for employees but not for family members: If the employer sponsors the vaccine program, incentives are allowed for the employee only and cannot be “coercive.” The EEOC did not use the limiting term “coercive” if the vaccine is performed by a third party. Reward away!
  2. Masks off? Sure!  Employers can ask for proof of vaccination–but the duty to keep this medical information confidential and separate from personnel records remains. You can allow vaccinated employees to eschew the mask but cannot require any type of pin or vaccination proof to be worn by the employee. Donate those “I Got Vaxxed” tee shirts now.
  3. Vaccines can be mandated for employees: The EEOC affirmed mandatory vaccines for workplaces are allowed as long as ADA and religious accommodations are followed. Mandating the vaccine at your workplace can be made easier with our “New Normal” Toolkit. 
  4. Don’t Forget the Interactive Dialogue: Employees who are pregnant, have a valid religious objection or fall under the ADA and cannot be vaccinated trigger the need for an interactive dialogue to determine possible accommodations.  Do not forget–the EEOC is all about it.

Questions? We can help.