Now that the Federal Drug Administration (FDA) has granted an emergency use authorization (US) for Pfizer and Moderna coronavirus vaccines, Americans across the country, especially front-line workers , such as nurses, doctors, EMTs and other first aiders, wonder what the guidelines are for receiving the drug. Some Americans also want to know if an employer can legally require them to be vaccinated now that it is available.
The U.S. Commission for Equal Employment Opportunity (EEOC) on Wednesday issued guidelines that employers may require their employees to take the Wuhan coronavirus vaccine. The federal agency said the requirement does not violate the Americans with Disabilities Act of 1990, commonly known as the ADA.
Employers may require their workers to receive the vaccine because they are not examining a disability or seeking information about an employee’s physical or mental condition.
“If an employer administers a vaccine to an employee to protect him or her from hiring COVID-19, the employer does not seek information about a person’s current deficiencies or health status and is therefore not a medical examination, “according to the EEOC guidelines on Wuhan coronavirus status. “While the administration of a vaccine is not a medical examination, questions about pre-detection vaccination may involve the ADA’s provision on disability-related consultations, which are consultations that can obtain information about a If the employer administers the vaccine, he or she must show that these pre-screening questions to employees are “work-related and consistent with business needs.”
Still, things get a little murky when it comes to reasonable exceptions.
If an employer requires workers to get the coronavirus vaccine and is unable to get it because of a disability, “reasonable accommodation” must occur. This accommodation may include things such as teleworking or not showing up at the office. If reasonable accommodation cannot be made, as in the case of a vaccination requirement, the employee may do telecommuting or take leave under the Family Coronavirus Response Act (FFCRA).
“If an employee cannot be vaccinated against COVID-19 because of a disability or out of sincere religious belief, practice or observance, and there is no reasonable accommodation, it would be lawful for the employer to exclude the worker from the position. This does not mean that the employer can automatically terminate the worker, “the EEO guidelines state. “Employers will need to determine whether other rights apply under EEO laws or other federal, state, and local authorities.”
Lawmakers are doing everything in their power to encourage Americans to get the coronavirus vaccine, hoping to quickly create immunity to the herd. Vice President Mike Pence and Second Lady Karen Pence received the vaccine publicly on Friday, Rep. Alexandria Ocasio-Cortez (D-NY) documented their experience with their first injection and Sen. Lindsey Graham (R-SC) shared images from him he also received his first dose. Other prominent members of Congress who received the vaccine are the sensational Elizabeth Warren (D-MA) and Ed Markey (D-MA).
President Donald Trump has said he would get the Wuhan coronavirus vaccine.