In late May, the US Equal Employment Opportunity Commission (EEOC) updated its guidance to say that yes, employers can require employees to get a vaccine before returning to the office. The EEOC enforces federal law that makes it illegal to discriminate against employees or job applicants based on factors like race, color, religion, and age.
But the commission said that vaccine mandates have to follow the Americans with Disabilities Act and Civil Rights Act. This means that if someone can’t get vaccinated because of a disability, religious belief, or other reason, companies have to accommodate those employees and keep their info confidential. One accommodation example the EEOC gave in its guidance is for an unvaccinated employee who’s in the office to wear a face mask or social distance from coworkers.
The EEOC also said that companies can offer incentives to employees to encourage them to get a shot – as long as it’s not “coercive” (though it didn’t elaborate on what is considered coercive). Some businesses have already jumped on that bandwagon and have offered perks like extra PTO or pay, including American Airlines, Dollar General, and Trader Joe’s. And the US Chamber of Commerce has more info on ways to incentivize employees to get vaccinated.
There’ve been posts on social media that say revealing your vaccination status is a HIPAA violation. In fact the Health Insurance Portability and Accountability Act of 1996 – aka HIPAA – created national standards for protecting patients’ personal health info. This protection is only applicable to certain health entities like insurance companies or health care providers. A business or an individual inquiring about your vaccine status is not in violation of the HIPAA laws.
Experts say an employer vaccine mandate could be more complicated than it sounds, and may even lead to lawsuits. The EEOC says employers should keep vaccine equity issues in mind if requiring employees to be vaccinated, and that “some employees may be more likely to be negatively impacted by a vaccination requirement.”
Such a mandate may create tension in that there may be increased monitoring of employees in the office. An expert shared this example with The New York Times: “When you see an employee without a mask, are you going to run back to HR and verify that that person really was fully vaccinated?”
Vaccine inequity may also be a challenge for getting the shot. The racial and ethnic vaccine gap is closing in the US, but systemic racism in health care isn’t helping. The CDC has also reported that vaccination rates are higher in urban counties than rural counties, which may face issues like fewer pharmacies or unreliable internet.
The question about requiring a COVID-19 vaccine has reached the workplace for many. And while some employers may choose to require vaccination for employees to return, it’s important to remember that this issue is not a clear cut situation.
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