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COVID-19 VACCINES AND THE WORKPLACE
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GENERAL INFORMATION
The U.S. Equal Employment Opportunity Commission (EEOC) enforces workplace anti-discrimination
and disability laws, which include legal requirements for reasonable accommodations and medical
inquiries. Other state or local laws may also establish employer responsibilities and employee
protections.

In conjunction with the Centers for Disease Control and Prevention (CDC) and the Occupational
Health & Safety Administration (OSHA), the EEOC published guidance for employers to navigate
anti-discrimination and privacy laws while implementing safeguards against COVID-19 in the
workplace. More information on EEOC publications, which are updated as the pandemic evolves, are
available in the RESOURCES section.

The EEOC published a question and answer series that addresses a variety of employment
concerns, such as taking temperatures of employees, personal travel, health inquiries, reasonable
accommodations, protected classes, return to work policies, etc. The EEOC also addresses
questions regarding COVID-19 vaccines.

GENERAL COVID-19 VACCINE QUESTIONS

1. Can an employer ask if an employee has received a COVID-19 vaccine? Yes, an employer
can ask without eliciting medical information subject to disability laws. However, any additional
questions, like asking why an employee did not receive a vaccine, must be “job-related and
consistent with business necessity” because the answer may include disability information,
which is subject to the Americans with Disabilities Act (ADA).

2. Can an employer require an employee to prove s/he received a COVID-19 vaccine? Yes,
an employer can require an employee to show proof or receipt of a COVID-19 vaccine without
violating anti-discrimination or disability laws.

3. Can an employer require an employee to receive a COVID-19 vaccine? Yes, employers
can require a vaccine as a condition of employment; however, an employee can refuse a
vaccine, such as on the basis of disability or a sincerely held religious belief (See Question
#5).

4. Can an employer contract with a third party to administer a COVID-19 vaccine? Yes, the
vaccination itself is not a medical examination subject to the ADA or similar employment laws.
However, the ADA applies to any pre-screening questions by an employer or a third-party
contracted by an employer, and the CDC recommends pre-screening questions before
administering a vaccine. Pre-screening questions must be “job-related and consistent with
business necessity”.

5. Can an employee refuse a COVID-19 vaccine? Yes, an employee can refuse a vaccine. If
an employee refuses a vaccine, the EEOC permits an employer to “exclude the employee from
the workplace”. However, if an employee refuses a vaccine on the basis of a disability or a
December 21, 2020

16 Alabama Propane Gas Association | January / February 2021