The EEOC has just issued guidance on mandatory COVID-19 vaccines and their impact on Title VII, the ADA and GINA. The new guidance affirms what we forecasted: employers may insist that U.S. employees be vaccinated against COVID-19 as long as COVID-19 remains a threat to the workplace and employers attempt to accommodate disabilities and sincerely held religious beliefs. The new guidance is in Section K of the EEOC's COVID-19 Q&A, located here:
The availability of COVID-19 vaccinations may raise questions about the applicablilty of various equal employment opportunity (EEO) laws, including the ADA and the Rehabilitation Act, GINA, and Title VII, including the Pregnancy Discrimination Act (see Section J, EEO rights relating to pregnancy). The EEO laws do not interfere with or prevent employers from following CDC or other federal, state, and local public health authorities’ guidelines and suggestions.