Mark Wiletsky
Question: Can we ask employees if they have received the COVID-19 vaccine?
Answer: The short answer is: Yes. According to the Equal Employment Opportunity Commission (EEOC), you can ask employees if they have received a COVID-19 vaccine. You can also require individuals to provide proof they were vaccinated. Read more
Mark Wiletsky
As COVID-19 vaccinations increase and states ease pandemic-related restrictions, many employers are beginning to plan for employees’ to return to the office. But not all workers may want to return, and some might ask to work remotely because of ongoing concerns about the virus in light of underlying health conditions or simply a fear of becoming infected. It remains to be seen how courts will address the issues under the Americans with Disabilities Act (ADA) and state law, but the U.S. 10th Circuit Court of Appeals (which covers Colorado employers) recently provided useful guidance in a case addressing a prepandemic accommodation issue.
Facts
Joan Unrein worked at the Colorado Plains Medical Center as a clinical dietitian. At some point, she became legally blind. The hospital accommodated her blindness at work with special magnifying equipment, but her transportation issues were more problematic.
Unrein, who lived about 60 miles from the hospital, couldn’t drive herself to work or secure a ride service or public transportation, so she had to rely on friends and family. As a result, her ability to get to and from work was inconsistent, leading her to request a flexible schedule. Read more
Mark Wiletsky
In the article, May Employers Mandate COVID-19 Vaccines?, we discussed legal and practical considerations for employers contemplating mandatory COVID-19 vaccines for their employees. We noted that the Equal Employment Opportunity Commission (“EEOC”) and other federal and state authorities might be providing updated guidance on this issue.
On December 16, 2020, the EEOC issued new guidance confirming that, although employers may likely mandate COVID-19 vaccines without violating federal anti-discrimination laws (and assuming accommodations are made for employees who cannot take vaccines for qualifying medical or religious reasons), the safest approach—at least for employers outside of certain high-risk fields like the healthcare industry—may be to make vaccinations voluntary, but highly encouraged. Read more
Steven Gutierrez
Given pending anticipated FDA approval of Pfizer’s COVID-19 vaccine, and encouraging vaccine results from Moderna and AstraZeneca, many employers are wondering whether they may legally mandate vaccinations for their employees. The answer is likely yes, subject to important qualifications. Mandatory vaccines have been commonplace in the healthcare industry for years, and the EEOC has issued past guidance suggesting that employers may mandate vaccines assuming they provide exemptions for employees who cannot take the vaccines for medical or religious reasons. OSHA has issued similar guidance.
While employers may likely mandate vaccinations for their employees, doing so raises a host of legal and practical considerations that employers must consider before any such programs are implemented. These include:
By Brit Merrill, Holland & Hart LLP
Brit Merrill
As the number of COVID-19 cases in the United States continues to rise, one question facing employers is when and what information to communicate to employees about a confirmed case of COVID-19 in the workplace.
When should we tell employees if someone has a confirmed case?
Start communicating as soon as you learn there is a confirmed case. Start with those who were in close contact with the affected employee, defined by the CDC as individuals who were within 6-feet of someone who has COVID-19 for at least 15 minutes during the past 14 days. Read more