Carrot Stick IncentiveOn May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued guidance for employers on whether it is legal for companies to require workers to get coronavirus vaccines.  

Vaccine Requirements

In the EEOC’s guidance, the Agency said it is legal for employers to require workers to get coronavirus vaccines, subject only to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed in the guidance. According to the EEOC, companies can also offer incentives to employees to get vaccinated, as long as the employer does not administer the vaccine.

Reasonable Accommodation Guidance

Regarding reasonable accommodation considerations, there are two situations where these issues could arise under Title VII or the ADA: Reasonable accommodation because of disability or sincerely held religious belief, practice, or observance. 

Undue hardship analysis (at least for now*) differs depending on whether the accommodation is for a disability or religion. It is also important to note that disability issues may include pregnancy-related conditions if they constitute a disability under the ADA. The EEOC provided examples of reasonable accommodations

* The Supreme Court recently declined to hear cases that could have put an additional burden on businesses in religious accommodation cases.  Undue hardship under the ADA means significant difficulty or expense in providing the accommodation. In contrast, undue hardship for religious accommodations is much lower, e.g., an undue hardship is created by an accommodation that has more than a very small cost or burden on the employer (referred to as “de minimis.”). Three Justices, however, want to change this (Samuel Alito, Clarence Thomas, and Neil Gorsuch).

Use this link to contact Michigan attorney Jason Shinn if you have questions about this article or complying with Michigan or federal employment laws. Since 2001, Mr. Shinn has represented companies and individuals concerning the issues discussed above and other employment matters under federal and Michigan employment laws.