Now that the Federal Medicines Administration (FDA) has granted an emergency use authorization (EUA) for Pfizer and Moderna coronavirus vaccines, Americans across the country – especially front-line workers such as nurses, doctors, WHO and other nurses – wondering what the guidelines are for receiving drugs. Some Americans also want to know if an employer can legally ask them to get vaccinated now that it becomes readily available.
The US Employment Equality Commission (EEOC) issued guidelines on Wednesday, saying employers could ask their employees to get the Wuhan coronavirus vaccine. The federal agency said the requirement does not violate the Americans with Disabilities Act of 1990, commonly referred to as the ADA.
Employers may ask their workers to receive the vaccine because they do not detect a disability or seek information about an employee’s physical or mental condition.
“If a vaccine is given to an employee by an employer for protection against contracting COVID-19, the employer is not looking for information about a person’s deficiencies or current health status and is therefore not a medical examination,” the EEOC guidelines on Wuhan coronavirus state. “Although the administration of a vaccination is not a medical examination, questions about vaccination before screening may involve the provisions of the ADA on disability-related surveys, which are surveys that are likely to obtain information about a disability. If the employer administers the vaccine, he must show that such preliminary questions he asks employees are “work-related and in line with the needs of the business”. “
However, things get a little confusing when it comes to “reasonable exceptions”.
If an employer requires workers to obtain the coronavirus vaccine and is unable to receive it because of a disability, “reasonable accommodation” must take place. That accommodation may include things like teleservice or no-show. If reasonable accommodation cannot be made, as in the case of a vaccination requirement, the employee may either perform a telecommunications service or afford a leave under the Families First Coronavirus Response Act (FFCRA).
“If an employee cannot be vaccinated for COVID-19 because of a disability or has sincerely supported religious belief, practice or respect and reasonable accommodation is not possible, then it would be legal for the employer to exclude the employee from the workplace. This does not mean that the employer can automatically reconcile 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 they can to encourage Americans to receive the coronavirus vaccine, hoping to quickly raise the herd’s immunity. Vice President Mike Pence and Second Lady Karen Pence received the vaccine publicly on Friday, Representative Alexandria Ocasio-Cortez (D-NY) documented her experience with her first injection and Senator Lindsey Graham (R-SC) shared images receiving the first dose from him. Other prominent members of Congress who received the vaccine include Sens. Elizabeth Warren (D-MA) and Ed Markey (D-MA).
President Donald Trump has said he will receive the Wuhan coronavirus vaccine.