Hogan Lovells Publications | All in a Day's Work: The Employer's Legal Guide | 18 December 2020

Can employers adopt mandatory COVID-19 vaccination programs? Should they? Key considerations in light of the EEOC's COVID-19 vaccine guidance

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to address COVID-19 vaccines in the workplace. The EEOC's guidance implies that a mandatory workplace vaccination program is lawful under the Americans with Disabilities Act (ADA) and the other laws the EEOC administers provided that the employer provides disability and religious exemptions. Nonetheless, employers must consider a number of practical and legal considerations in deciding whether and how to implement a mandatory program in the workplace.

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