U.S. Agency Confirms Workplaces Can Mandate COVID Vaccinations

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As the COVID-19 vaccine distribution expands, businesses across the nation are trying to determine the best strategies for safely welcoming employees back to physical workspaces. A prominent question has been whether employers can require vaccinations for employees returning to their offices.

On June 1, 2021, the Equal Employment Opportunity Commission (EEOC) announced that U.S. employers have the legal right to mandate COVID-19 vaccinations for employees who will be physically present in the workplace. However, the EEOC specified that there are certain exceptions for individuals with disabilities, health issues (including pregnancy), or those requesting religious exemptions under the Americans with Disabilities Act and Title VII of the Civil Rights Act. Those seeking exemptions must demonstrate that their unvaccinated status does not impose “an undue hardship on the operation of the employer’s business.”

The EEOC also highlighted that some individuals or groups may experience greater challenges in accessing COVID-19 vaccinations, and this should be taken into consideration. Employers can promote vaccination among their workforce by offering non-coercive incentives, such as financial bonuses, paid time off, or the privilege of not wearing masks at work. However, it’s important to ensure that these incentives do not pressure employees into revealing sensitive medical information, as large incentives could be perceived as coercive.

Legal experts have pointed out that the new guidance raises numerous questions. For instance, it remains unclear how employers will verify vaccination status without infringing on privacy. The definition of “coercive” incentives also varies among individuals, complicating the enforcement of these guidelines.

As the situation continues to evolve, it’s evident that employers are within their rights to require vaccinations for most employees returning to in-person roles.

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In summary, the EEOC has confirmed that U.S. employers can require COVID vaccinations for employees returning to work, with exceptions for specific health and religious reasons. The agency also encourages non-coercive incentives for vaccinations while highlighting the need for careful consideration of individual circumstances.


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