COVID-19 Vaccines and the Workplace: What Employers Should Know
February 15, 2021 by Keely Knopp
From the February 2021 Mercy Occupational Medicine eNewsletter
Many employers are starting to think about their policies regarding the Covid-19 vaccine and how that will affect their employees and work environment. Before settling on your company’s policy, consider the following:
- Do you have a plan to ensure you do not violate federal law such as Title VII of the Civil Rights Act or the Americans with Disabilities Act? Here are a couple of example scenarios that may entitle an employee to exemption from an employer-mandated vaccine:
- If the employee has a disability that renders the vaccine unsafe for the employee
- If the employee has sincerely held religious beliefs that prohibit the employee fromreceiving the vaccine
- If the employee has an underlying medical condition that could endanger the employee if he/she receives the vaccine
- The EEOC recommends making COVID-19 vaccines voluntary, or if mandatory, having a third party provider conduct the pre-screening exam. Why?
- It’s possible that the screening questions related to a vaccination will elicit information that the employer would not need, nor have a right to know, such as disability or genetic information. Employers could run afoul of the Americans with Disabilities Act (ADA) or the Genetic Information Nondiscrimination Act (GINA) if they request more information than they have a right to know. Employers must show that any pre-screening questions are “job related and consistent with business necessity”
- One potential safeguard: employers who require proof of vaccination can caution employees against providing any sensitive or health information in conjunction with the vaccination proof.
- Be prepared. Have a clear plan for the ADA interactive process and reasonable accommodations, should the need arise.
- An employer may ask for documentation from an employee who requests a reasonable accommodation.
- An employer is entitled to know that the employee has a covered disability
- When the disability or the need for accommodation is not known or obvious, further inquiry is permissible
- What kind of documentation can an employer request?
- Documentation is sufficient if it:
- describes the nature, severity, and duration of the employee’s impairment, the activity or activities that the impairment limits, and the extent to which the impairment limits the employee’s ability to perform the activity or activities; and
- substantiates why the requested reasonable accommodation is needed
- Documentation is sufficient if it:
- Employers cannot ask for unrelated documentation.
More information regarding the EEOC’s guidance on Covid-19 vaccinations can be found here or by contacting Jeff Howell/Mercy Occupational Medicine, 828-337-7675 or jhowell@mercyurgentcare.org.
