The first doses of the Pfizer and Moderna COVID-19 vaccines are now being administered around the country, the Equal Employment Opportunity Commission has released new information for employers about their rights as vaccines become more widespread.
The new information includes guidance that says companies may require their employees to get a vaccine when it is available to them.
The Americans with Disabilities Act limits an employer’s ability to require workers to get a medical examination, but the EEOC guidance does not consider getting a vaccine to be a medical exam, so mandating it does not violate the ADA.
Employers are also required to ensure a safe workplace in which “an individual shall not pose a direct threat to the health or safety of individuals in the workplace,” and that could mean requiring employees to get vaccinated.
There are exceptions for employees, however Those with a disability or a “sincerely held” religious belief that prevents them from getting a vaccine are exempt.
