Home Ads*Miscellaneous* Employers Can Require Proof of COVID-19 Vaccination — With Some Exceptions, EEOC Says

Employers Can Require Proof of COVID-19 Vaccination — With Some Exceptions, EEOC Says

by Nikki June

By Rural Builder Staff

COVID-19 vaccinations approved by the Food and Drug Administration do not constitute medical examinations under the Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC) said, but certain inquiries could implicate the ADA’s rules on disability-related inquiries. Employers requiring vaccination or proof of vaccination must show that such inquiries are job related and consistent with business necessity.

Notably, the guidance specified that administering a COVID-19 vaccine to employees, or requiring proof that employees have received a COVID-19 vaccine, does not involve the use of genetic information to make employment decisions nor the acquisition or disclosure of genetic information. Therefore, Title II of the Genetic Information Nondiscrimination Act (GINA) is not implicated by such requirements. But pre-screening questions that ask about genetic information may violate GINA, EEOC said.


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