Employers can bar unvaccinated employees from the workplace, EEOC says – By Megan Cerulo (Marketwatch) / Dec 17 2020
With the first doses of Pfizer’s COVID-19 vaccine now being administered in the U.S., the federal government is giving employers around the country the green light to require immunization for most workers.
In general, companies have the legal right to mandate that employees get a COVID-19 shot, the Equal Employment Opportunity Commission (EEOC) said Wednesday. More specifically, employers are entitled — and required — to ensure a safe workplace in which “an individual shall not pose a direct threat to the health or safety of individuals in the workplace.” That can mean a company requiring its workforce to be vaccinated.
The Americans with Disabilities Act limits an employer’s ability to require workers to get a medical examination. But the EEOC’s latest guidance clarifies that getting vaccinated does not constitute a medical exam. As a result, ordering employees to get a COVID-19 shot would not violate the ADA.
Not all employees must get vaccinated, according to the agency. Employees with either a disability or “sincerely held” religious beliefs that prevent them from getting inoculated are exempt, according to the EEOC, which is charged with enforcing laws against workplace discrimination.
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