Key takeaways

• The EEOC has reiterated its position that employers may implement mandatory COVID-19 vaccination policies consistent with equal employment opportunity laws, provided that in doing so, employers allow for an opportunity for employees to request accommodations in the event of disability-related concerns or sincerely held religious beliefs.
• Employers may lawfully offer incentives to employees to voluntarily obtain the vaccine in the community, and may further require employees to show confirmation that they received the vaccination. Employers must maintain vaccine-status information confidentially under the ADA.

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The Equal Employment Opportunity Commission (EEOC) recently updated its Covid-19–related technical assistance document, "What You Should Know About Covid-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" (WYSK). This document was first published on March 19, 2020, and was last updated, as noted in this update, on December 16, 2020.

Although the update from May 28 was published without consideration of updated guidance from the Centers for Disease Control and Prevention (CDC) for fully vaccinated individuals issued on May 13, it contains valuable guidance for employers with respect to vaccines in the workplace.