EEOC Presents Mandatory Vaccine Guidance
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As the largest inoculation effort in human history kicked off this month, the Equal Employment Opportunity Commission provided guidance on mandatory employee vaccinations. Here is a brief summary, courtesy of NAM Director of Labor and Employment Policy Drew Schneider.
What they’re saying: The EEOC allows employers to require employees to take the vaccine, so long as the company meets requirements under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act.
Equal employment laws still apply during the pandemic, but the EEOC states that they “do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19.”
Disabilities and direct threats: “If an employee is unable to take the vaccine due to a disability, an employer may only exclude the employee from the workplace if that worker presents a ‘direct threat’ to other workers and the employer is unable to provide a reasonable accommodation to the employee that would eliminate or reduce the risk to other employees,” says Schneider.
“If an employer suspects that the employee poses a direct threat, the employer should conduct an individualized assessment of four factors to determine whether direct threat exists: duration of risk, severity of potential harm, likelihood of harm and the imminence of potential harm.”
Religious objections: If an employee objects to the vaccine because of a sincerely held religious practice or belief, an employer must provide reasonable accommodation unless it poses an undue hardship under Title VII of the Civil Rights Act, Schneider explains. According to the EEOC, courts have defined “undue hardship” as having more than a minimal cost to the employer.
The NAM says: NAM President and CEO Timmons said in a recent statement about potential vaccine mandates, “While there are likely legal concerns with blanket mandates, if any of our members believed that a requirement at their company was the right thing to do, we would certainly support that within the bounds of the law. Because America’s future depends on folks rolling up our sleeves in a new way.”
Check out the guidance here.
Related
Manufacturers Unveil Competitiveness Agenda Ahead of Midterm Elections
“Competing to Win” offers a path for bringing the country together around policies, shared values and a unified purpose
Washington, D.C. – Ahead of the midterm elections, the National Association of Manufacturers released its policy roadmap, “Competing to Win,” a comprehensive blueprint featuring immediate solutions for bolstering manufacturers’ competitiveness. It is also a roadmap for policymakers on the laws and regulations needed to strengthen the manufacturing industry in the months and years ahead.
With the country facing rising prices, snarled supply chains and geopolitical turmoil, manufacturers are outlining an actionable competitiveness agenda that Americans across the political spectrum can support. “Competing to Win” includes the policies manufacturers in America will need in place to continue driving the country forward.
“‘Competing to Win’ offers a path for bringing our country together around policies, shared values and a unified purpose,” said NAM President and CEO Jay Timmons. “The NAM is putting forward a plan filled with ideas that policymakers could pursue immediately, including solutions to urgent problems, such as energy security, immigration reform, supply chain disruptions, the ongoing workforce shortage and more. Manufacturers have shown incredible resilience through difficult times, employing more workers now than before the pandemic, but continued resilience is not guaranteed without the policies that are critical to the state of manufacturing in America.”
The NAM and its members will leverage “Competing to Win” to shape policy debates ahead of the midterm elections, in the remainder of the 117th Congress and at the start of the 118th Congress—including in direct engagement with lawmakers, for grassroots activity, across traditional and digital media and through events in key states and districts as we did following the initial rollout of the roadmap in 2016.
The document focuses on 12 areas of action, and all policies are rooted in the values that have made America exceptional and keep manufacturing strong: free enterprise, competitiveness, individual liberty and equal opportunity.
Learn more about how manufacturers are leading and about the industry’s competitiveness agenda at nam.org/competing-to-win.
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The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12.8 million men and women, contributes $2.77 trillion to the U.S. economy annually and accounts for 58% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org
