Late last week, just before most of us enjoyed a long holiday weekend, the EEOC issued some additional guidance addressing questions arising under the federal equal employment opportunity laws in regard to employees and COVID vaccinations. Considering that the distribution of vaccines started in February, the EEOC is a little late to the party, but better late than never. Employers have had a lot of questions about employees and vaccines, and this latest guidance answers some of them.
The key updates to the EEOC’s previous technical assistance are summarized below:
It seems that more employers have chosen to offer incentives to employees in exchange for vaccination or proof of vaccination rather than require vaccination, so this new guidance is welcome insofar as it gives the EEOC’s blessing to incentives for vaccines.
Pro Tip: Employers must keep all information regarding employee vaccinations confidential. Indeed, the best practice is to place this information in secure confidential employee medical files, which must be maintained separately from employee personnel files.
Where Experience Counts