EEOC Vaccine Updates—to Require or not Require??

The EEOC has issued new guidance about employers requiring employees to be vaccinated and if employers can provide incentives for employees to become vaccinated.     
Employers can require employees to be vaccinated but need to consider several factors, such as;

• Does an employees need a reasonable accommodation because of a disability or a sincerely held religious belief, practice, or observance?
• Will the vaccine requirement have a disparate impact on or disproportionately exclude employees based on Title VII such as race, color, religion, etc.?
• What are the State and Local laws and guidelines?

If an employee needs a reasonable accommodation, employers should work with the employee to determine what accommodations must be made.  Examples include;

• Continued wearing of masks
• Social distancing
• Periodic COVID-19 tests
• Continued Work at Home programs

For employees that are hesitant to get the vaccine, employers can provide education information about the vaccine, address questions and concerns, and even provide incentives.  Incentives(rewards or penalties)  can be provided as long if the incentive is not so substantial to be coercive.
Special Note: Any information collected  regarding proof of vaccination must be confidential and stored separately from the employee's personnel file.
A vaccination policy is recommended and before any policies are implemented, local and state guidelines, as well as any federal guidelines by OSHA, EEOC, ADA and other relevant agencies should be reviewed.