EEOC Approves Some COVID Vaccine Requirements, Incentives

New federal guidance from the Equal Employment Opportunity Commission (EEOC) issued on May 28 permits policies requiring employees who enter a workplace to receive a COVID-19 vaccine, provided those policies comply with the reasonable accommodation provisions of the Americans with Disabilities Act (ADA), as well as Title VII of the Civil Rights Act and any other relevant statutes.

Under the new guidance, employers are permitted to offer incentives to employees to confirm they have received a COVID-19 vaccine, as long as the incentives are not so substantial as to be coercive. Employers may also offer incentives to employees to get their family members vaccinated.

However, because vaccinations require employees to answer screening questions about disabilities, incentives substantial enough to pressure employees into disclosing protected medical information are likely to be considered coercive and, therefore, prohibited.

Since vaccination records are considered medical information, employers must keep those records confidential and maintain them as medical records.

As the new guidance notes, employers should remember that some employees or demographic groups could face more substantial barriers to receiving a vaccination than others and, thus, would be more likely to be negatively impacted by a vaccination requirement.

Reasonable accommodations should be made for employees who are not vaccinated due to pregnancy or due to an ADA-approved disability or a sincerely held religious belief. Defining a “reasonable accommodation” is case-specific and considers the employee’s job duties, as well as whether the accommodation is sought under the ADA or a sincerely held religious belief.

The EEOC will very likely continue to update its COVID-19 mandatory vaccine requirement guidance, so look for updates on this issue from Private Duty Source. Meanwhile, NAHC urges you to read the guidance itself.

EEOC Approves Some COVID Vaccine Requirements, Incentives

New federal guidance from the Equal Employment Opportunity Commission (EEOC) issued on May 28 permits policies requiring employees who enter a workplace to receive a COVID-19 vaccine, provided those policies comply with the reasonable accommodation provisions of the Americans with Disabilities Act (ADA), as well as Title VII of the Civil Rights Act and any…

Home Care Industry Legal Update: Vaccines, Live-in Caregivers & More

Wondering about the latest on the COVID-19 vaccines and how the home care industry is responding, how the new administration may impact the industry, and what you can do to take advantage of the Opinion Letter the U.S. Department of Labor recently issued on live-in caregivers? You’re in luck! A new webinar by Littler Mendelson, Private Duty Home Care at NAHC and HCAOA will provide you with the insight and answers you need.

We are hosting an industry webinar covering all of these topics Friday, January 22, 2021 from 12:00 to 2:00 p.m. EST. We hope you can make it.

During the webinar, we will discuss:

  • The currently authorized vaccines
  • Home care’s place in line in the states
  • The EEOC’s views on the vaccines
  • How home care agencies are responding to the new vaccines
  • Whether a home care agency could and/or should make vaccination mandatory for employees
  • Issues with monetary incentives for employees to get vaccinated
  • Messaging to employees about the vaccine
  • Responding to questions about the vaccination status of employees from clients/patients
  • Vaccine access issues
  • What to expect from the DOL under the Biden administration
  • How you can use the new Opinion Letter to address compensation issues with your live-in and extended shift caregivers

These webinars are intended to provide regular legal updates to assist home health and home care providers trying to navigate through the complex and seemingly ever-changing legal landscape brought about by the COVID-19 pandemic.

REGISTER!

EEOC Issues Important Guidance on COVID-19 and Key Employment Laws

The Equal Employment Opportunity Commission (EEOC) has provided guidance to employers on their rights and obligations and how they might have changed during the COVID-19 Public Health Emergency. The National Association for Home Care & Hospice (NAHC) believes this information will be extremely useful for home care and hospice organizations and we urge you to…