On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws with nine questions and answers designed to address how various equal employment opportunity (EEO) laws, including the ADA, the Rehabilitation Act, GINA, and Title VII, including the Pregnancy Discrimination Act, apply to COVID-19 vaccinations in the workplace. For example, the Q&A addresses issues related to whether the ADA and/or Title VII are implicated by potential employer mandatory vaccination policies and prevaccination medical screening questions. The EEOC also answers questions related to an employer’s obligation when employees indicate they are unable to receive a mandatory COVID-19 vaccination because of a disability or sincerely held religious belief or practice. The new questions and answers are included as Section K, “Vaccinations,” at the end of the existing materials. Companies with questions about COVID-19 vaccination policies for their employees should contact experienced counsel.

 

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Photo of Jill L. Ripke Jill L. Ripke

Jill Ripke defends companies in employment and independent contractor class action matters dealing with claims relating to independent contractor status, misclassification, unpaid overtime, unpaid meal and rest breaks, and unpaid off-the-clock work.

Photo of Brittany Sachs Brittany Sachs

Brittany Sachs is a litigator representing employers in a range of employment matters, including discrimination, harassment, retaliation, and wage-and-hour disputes. Her experience includes class actions, representative actions, and single-plaintiff cases in state and federal courts and arbitrations. She also has represented employers in…

Brittany Sachs is a litigator representing employers in a range of employment matters, including discrimination, harassment, retaliation, and wage-and-hour disputes. Her experience includes class actions, representative actions, and single-plaintiff cases in state and federal courts and arbitrations. She also has represented employers in response to charges filed with administrative agencies, including the Equal Employment Opportunity Commission (EEOC).