Federal EEO laws do not prohibit an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, as long as employers comply with the reasonable accommodation provisions of the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 and other EEO considerations, as stated in a release from the Equal Employment Opportunity Commission (EEOC) on May 28, 2021.
Additional limits on employers may be imposed by laws outside of the EEOC’s purview. From an Equal Employment Opportunity (EEO) standpoint, employers should be aware that some employees may be more negatively impacted by a vaccine mandate than others since some persons or demographic groups may experience larger difficulties in acquiring a COVID-19 immunization than others.
Is It Considered Protected Health Information Under the Ada for An Employer to Know Whether or Not an Employee Has Received the Covid-19 Vaccination?
A Technical Assistance from the Equal Employment Opportunity Commission (EEOC) dated May 28, 2021, states, “Yes. As part of their obligations under the ADA, businesses must ensure the privacy of their employees’ health records, including any paperwork that verifies that they have been vaccinated against the COVID-19 virus.
This requirement of privacy under the ADA is in effect wherever the employee receives the vaccine. Vaccination records, like all medical records, must be kept confidential and stored separately from the employee’s personnel files to comply with the ADA, despite the fact that the EEO laws do not prohibit employers from requiring employees to bring in documentation or other confirmation of vaccination.
Who Pays for The Vaccine if My Company Mandates It?
Everyone can get the vaccine for free because the government is providing it. Insurance will be billed at no out-of-pocket expense to you. However, having health insurance is not a prerequisite for getting the vaccine. Appointment scheduling never requires a credit card number. No insurance, ID, or Social Security number is required to receive the immunization.
Visit the Department of Public Health’s COVID-19 Vaccine Information Page for details on the cost of the vaccine and how to schedule an appointment. Prepare for Your COVID-19 Vaccine Appointment with This FAQ and Related Guide.
In the Event of A Layoff, Termination, or Partial Unemployment*, an Employee Has the Legal Right to File for Unemployment Benefits without Having to Exhaust Their Sick Leave Accrual First. Unemployment benefits should be available to most workers who have lost their jobs because of COVID-19.
If you miss work because of COVID-19, you can utilize your Earned Sick Time at any time before you return to work. Employees in Massachusetts can bank up to 40 hours of paid sick time per year to take care of themselves and their families. Every 30 hours worked, an employee is entitled to one hour of paid sick time. Learn about Massachusetts’ Earned Sick Time policy from the Attorney General’s Office.