The Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance Friday regarding employers and COVID-19 vaccines.  Employers may offer incentives to employees who provide documentation of receiving the COVID vaccine outside of work because requesting proof of vaccination is not “a disability-related inquiry” or an “unlawful request” under federal anti-discrimination laws.  The revised guidance also says that employers are required to keep their staff’s vaccination information confidential because it is medical information about the employee.  The EEOC also posted today a new resource for job applicants.  The Administration on Community Living published this summary of the new EEOC guidance.  Key points are:

• The guidance makes clear that federal EEO laws do not prevent an employer from requiring all employees entering the workplace be vaccinated, as long as other laws not under EEOC jurisdiction are not violated.
• Federal law permits incentives to be offered.
• Employers must not offer coercive incentives.
• Employers may provide employees and their families information to educate them about COVID-19 vaccines.

Questions?

Contact:

Laura Hofmann, MSN, RN – Director of Clinical and Nursing Facility Regulatory Services
c: 425-231-4804