On May 13, 2021, the CDC issued new and revised guidance regarding its mask wearing recommendations. While the guidance was primarily focused on the general population, it did little to quell employer questions. As such, and as a rider to the new recommendations, the CDC updated its guidance on May 28, 2021 regarding the application of EEO laws to employment policies that have been enacted as a response to COVID-19.

The EEOC has stated very clearly that federal laws do not prevent employers from requiring employees to obtain vaccinations prior to physically entering a shared workspace as long as the policy is applied equally and allows reasonable accommodations under the ADA or for religious reasons.

It is important to note that many employers are not currently requiring mandatory vaccinations. However, there may be an uptick in mandatory vaccination policies when the vaccines receive full use FDA approvals (currently only emergency use FDA approvals). Should a mandatory vaccination policy be on your radar, we encourage you to discuss it with your Encompass Client Experience Manager for planning and best practice recommendations.

The new guidance issued on May 28th specifically allows employers to offer incentives to employees who obtain vaccinations and require employees to provide proof of vaccination (when permitted by law). For example, an employer may offer a small cash reward or an additional PTO day for employees who obtain vaccinations. In all cases, it is critical that employers maintain confidentiality around vaccination records under the ADA. Employers also should not request family medical information, unnecessary medical information, or genetic information in connection with any internal or external vaccination program.

Should you have any questions on the new guidance, please reach out to your Encompass Client Experience Manager.