U.S. Equal Employment Opportunity Commission Guidance Suggests Mandating Vaccines May Be Permissible

While the U.S. Equal Employment Opportunity Commission (EEOC) has not explicitly stated that mandatory vaccination policies are permissible, on December 16, 2020, it updated its Technical Assistance Publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws.”

The EEOC’s updated guidance is premised on mandatory vaccination policies being in place, which suggests that requiring employees to receive vaccinations as a condition of returning to the workplace is not prohibited, provided certain conditions are met. In meeting those conditions, employers will need to consider their requirements concerning medical inquiries and accommodations related to disabilities, pregnancy and religious beliefs under federal laws such as the Americans With Disabilities Act, the Genetic Information Nondiscrimination Act and Title VII of the Civil Rights Act of 1964.

Awaiting Formal Guidance from New York State and New York City

While New York State Governor Andrew Cuomo has indicated that you cannot mandate that an individual take a COVID-19 vaccine, we await formal guidance on vaccination policies from New York State and at the New York City level.

An active New York State Assembly Bill (the Bill) would mandate vaccinations for individuals who are proven safe to receive it (subject to exemptions). The Bill was referred to the Committee on Health on December 4, 2020. However, we have yet to see whether the Committee on Health will report the Bill to the full Senate for consideration, amend it, or reject it all together.

In sum, it may be premature for employers in New York to implement mandatory vaccination policies until further guidance is released.

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