On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) and other federal fair employment laws while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic.

The new FAQs address whether employers may require employees to receive COVID-19 vaccinations. They were added to guidance that the EEOC first issued on March 18, 2020, and then updated several times.

The below Compliance Bulletin contains the EEOC’s updated FAQs in full, which draw from the EEOC’s existing pandemic publication, Pandemic Preparedness in the Workplace and the ADA, to help employers navigate workplace issues related to the COVID-19. The nine newly added FAQs about vaccinations begin on page 19 of this document.

An employer is subject to the ADA if it has 15 or more employees. Smaller employers may be subject to similar rules under applicable state or local laws.

EEOC Addresses Mandatory Vaccinations in Updated Guidance on COVID-19 and the ADA