EEOC Updates COVID-19 Guidance

Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) updated and expanded its COVID-19 technical assistance guidance in two significant ways.

First, the EEOC added a new section to the guidance, Section L, that addresses religious objections to a COVID-19 vaccine mandate. Section L details the EEOC’s perspective on what an employer can do in response to an employee’s religious objection. It addresses how the employer can lawfully probe the reasons for the objection and types of accommodations that should be considered. It also clarifies that Title VII does not protect social, political, or economic views, or personal preferences. 

Second, the EEOC has updated Section K of the guidance which focuses on vaccination questions both generally and under the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act (Title VII), and the Genetic Information Nondiscrimination Act (GINA). In Section K, employers should look for questions that have been updated as of October 13, 2021. The EEOC has provided additional guidance on topics such as vaccine mandates, incentives, confidentiality, and pregnancy.

We encourage all employers to review this updated and expanded guidance. If you have questions or need assistance with COVID-19 vaccine mandates or accommodations, please contact a KZA attorney. 

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