Now that the Federal Drug Administration (FDA) has issued an Emergency Use Authorization (EUA) for the Pfizer and Moderna coronavirus vaccines, Americans across the country – particularly front-line workers such as nurses, doctors, EMTs, and other first responders – are wondering what the are guidelines for receiving the drugs. Some Americans also want to know if an employer can legally require them to get the vaccination now that it becomes readily available.
The U.S. Equal Employment Opportunity Commission (EEOC) issued guidelines on Wednesday saying employers can require their employees to get the Wuhan coronavirus vaccine. The federal agency said this requirement does not violate the Americans With Disabilities Act of 1990, commonly referred to as the ADA.
Employers may require their employees to receive the vaccine because they do not screen for disability or seek information about an employee’s physical or mental condition.
“If an employer administers a vaccine to an employee to protect against contracting COVID-19, the employer is not seeking information about a person’s limitations or current health status and is therefore not a medical investigation,” said EEOC guidelines on the Wuhan coronavirus state . While the administration of a vaccination is not a medical examination, pre-screening vaccination questions may imply that the ADA provides questions about disability, which are questions likely to provide information about disability. When the employer administers the vaccine, it must demonstrate that such pre-screening questions it poses to employees are “work related and consistent with business need.” ”
However, things get a little murky when it comes to “reasonable exceptions”.
If an employer requires employees to receive the coronavirus vaccine and he or she cannot use it because of a disability, there must be “reasonable accommodation”. That accommodation could be things like telecommuting or out of the office. If no reasonable adjustment can be made, such as in the case of a vaccination obligation, the employee can telecommute or take time off under the Families First Coronavirus Response Act (FFCRA).
“If an employee cannot be vaccinated against COVID-19 because of a disability or genuine religious belief, practice or compliance, and reasonable accommodation is not possible, then it would be permissible for the employer to exclude the employee from the workplace This does not mean that the employer may automatically fire the employee, “says the EEO guidelines.” Employers will need to determine whether other rights apply under EEO laws or other federal, state and local authorities. “
Lawmakers are doing everything they can to encourage Americans to get the coronavirus vaccine, in hopes of creating herd immunity soon. Vice President Mike Pence and Second Lady Karen Pence received the vaccine publicly Friday, Rep. Alexandria Ocasio-Cortez (D-NY) documented her experience with her first injection and Senator Lindsey Graham (R-SC) shared photos that he also got his first dose. Other prominent members of Congress who received the vaccine include Sens. Elizabeth Warren (D-MA) and Ed Markey (D-MA).
President Donald Trump has said he would get the Wuhan coronavirus vaccine.