In a Grand Rapids Business Journal article titled “Employers Can Mandate Vaccines – To a Point,” Warner attorney Steve Palazzolo provides an overview of the U.S. Equal Employment Opportunity Commission’s (EEOC) guidance regarding whether or not employers can require employees to get a COVID-19 vaccine.
Steve shares that on one hand, the EEOC’s guidance makes clear that getting vaccinated is not considered a medical examination, so employers do not have to show that the vaccine meets the “job-related and consistent with business necessity” standard of the Americans with Disabilities Act (ADA) for employee medical examinations for current employees.
However, the Centers for Disease Control and Prevention (CDC) recommends pre-screening questions to ensure there are no medical reasons that would prevent individuals from receiving the vaccine. These questions are likely subject to the ADA per the EEOC’s updated guidance.
Steve goes into further detail in the article, breaking down these and other portions of the guidance and recommendations from the EEOC and the CDC – to help employers determine the best way to approach a vaccination requirement.
Read the full Grand Rapids Business Journal article here.
Steve Palazzolo counsels clients on employee issues, policy development, NLRB, ADA, FMLA, FLSA and international labor relations. He represents numerous organizations across a multitude of industries in acquisitions, immigration, employee benefits, campaign finance, employment litigation and civil rights issues. Learn more about Steve’s practice here.
