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As organizations throughout the United States work toward a safe reopening amid the ongoing COVID-19 vaccine distribution, a key issue has emerged: can businesses require vaccinations for employees to return to physical workspaces?
In a recent announcement, the Equal Employment Opportunity Commission (EEOC) clarified that U.S. employers are permitted to mandate COVID-19 vaccinations for employees returning to the workplace, with certain exceptions. The commission stated that their regulations “do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19.”
The EEOC acknowledged exceptions for individuals with disabilities, specific health concerns—including pregnancy—or those requesting religious exemptions under the Americans with Disabilities Act and Title VII of the Civil Rights Act. However, these individuals must demonstrate that their choice not to receive the vaccine does not impose “an undue hardship on the operation of the employer’s business.”
Employers are also advised to consider that some demographic groups may encounter more significant obstacles in obtaining a COVID-19 vaccine, which could lead to adverse impacts from a vaccination requirement. The EEOC noted, “Employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.”
Additionally, employers can incentivize vaccinations for employees as long as these incentives aren’t deemed “coercive.” The agency indicated that while some rewards, such as cash bonuses or paid time off, are permissible under federal law, large incentives could pressure employees to disclose sensitive medical information due to pre-vaccination screening questions.
This new guidance raises various legal uncertainties. Employment attorney Mark Johnson remarked to the New York Times about the challenges of ensuring compliance, “Are you really going to confirm the vaccination status of every employee without a mask?” Meanwhile, attorney Linda Smith noted to CBS News the ambiguity surrounding what constitutes a “coercive” incentive, highlighting that one person may view a $100 incentive as reasonable while another might find a $10,000 incentive to be excessive.
As discussions around COVID-19 vaccinations continue to evolve, it remains evident that employers have the legal authority to require most employees to be vaccinated prior to returning to their roles.
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Summary: The EEOC has confirmed that U.S. employers can mandate COVID-19 vaccinations for employees returning to in-person work, with certain exceptions for health and religious reasons. Employers may also offer incentives for vaccination, though they should be cautious of creating coercive environments. Legal uncertainties persist regarding the applicability of these guidelines.
Keyphrase: Employers can mandate COVID vaccinations
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