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Headline: EEOC Releases Updated COVID-19 Vaccine Guidance

By John Dudrey, Melissa Healy & Karen O'Connor on June 1, 2021
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Just before we headed off for the holiday weekend, the U.S. Equal Employment Opportunity Commission (“EEOC”) released updated guidance related to the COVID-19 vaccine.  The guidance largely tracks earlier guidance and practices that many employers had already adopted.  Here are the highlights:

  • The EEOC explicitly confirmed that federal anti-discrimination laws “do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-1,” subject to the reasonable accommodation obligations that apply for religion and disability under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (“ADA”), respectively.
  • The EEOC clarified that while asking employees to present proof that they are fully vaccinated is not a “medical examination” under the ADA, the information and documentation that employees provide is confidential medical information that must be stored separately from the employee’s personnel file and accessed only by those with a business need to know.
  • The EEOC confirmed that employers may offer incentives to employees to encourage them to get vaccinated. If the employer itself provides the vaccine (as opposed to relying on third-party health care providers whom employees select on their own), the incentive may not be “so substantial as to be coercive.”  The guidance does not define how “substantial” the incentive has to be to cross the line into prohibited coercion.

The guidance is available on the EEOC’s website (scroll down to “COVID-19 Vaccinations: EEO Overview”).

If you have questions about the EEOC’s guidance, or any other topic related to COVID-19 workplace issues, please contact one of our attorneys.

Photo of John Dudrey John Dudrey

John Dudrey is a partner in the firm’s Labor & Employment group. His practice focuses on wage and hour compliance, representation of employers with unionized workforces, and complex advice and counsel matters, in addition to general labor and employment practice.

Click here for…

John Dudrey is a partner in the firm’s Labor & Employment group. His practice focuses on wage and hour compliance, representation of employers with unionized workforces, and complex advice and counsel matters, in addition to general labor and employment practice.

Click here for John Dudrey’s full bio.

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Photo of Melissa Healy Melissa Healy

Melissa Healy is a partner in the firm’s Labor & Employment group and focuses on providing advice in employment law matters, representing management in employment litigation, and providing traditional labor support to employers, including in bargaining, arbitration, and before the National Labor Relations…

Melissa Healy is a partner in the firm’s Labor & Employment group and focuses on providing advice in employment law matters, representing management in employment litigation, and providing traditional labor support to employers, including in bargaining, arbitration, and before the National Labor Relations Board. She has been named one of the Portland Business Journal’s “40 Under 40” and a “Rising Star” by Oregon Super Lawyers.

Click here for Melissa Healy’s full bio.

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Photo of Karen O'Connor Karen O'Connor

Karen O’Connor is a partner in the firm’s Labor & Employment group whose practice includes counseling and litigation on complex employment issues including leave laws, workplace harassment and discrimination, discipline and documentation, and drug and alcohol issues. She represents clients before Oregon and…

Karen O’Connor is a partner in the firm’s Labor & Employment group whose practice includes counseling and litigation on complex employment issues including leave laws, workplace harassment and discrimination, discipline and documentation, and drug and alcohol issues. She represents clients before Oregon and Washington state and federal courts and in administrative proceedings. Karen co-teaches in the human resources program at Portland State University and is a frequent speaker in the community.

Click here for Karen O’Connor’s full bio.

Read more about Karen O'ConnorEmailKaren's Linkedin Profile
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  • Posted in:
    Employment & Labor
  • Blog:
    World of Employment
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

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