Tagged: vaccine

Employment

New EEOC Guidance on COVID-19 Vaccinations in the Workplace

On May 28, 2021, the United States Equal Employment Opportunity Commission (“EEOC”) released new guidance regarding COVID-19 vaccinations in the workplace.  The new guidance clarifies some significant issues, including whether employers may require U.S. employees to be vaccinated (at least as a matter of U.S. federal law) and the types of incentives they may provide to vaccinated employees.  Employers must also comply with the significant number of new state laws that address these same issues, and in many cases, contradict the EEOC’s positions. I.                   Mandatory Vaccinations The EEOC confirmed that employers may require all employees physically entering the workplace to be vaccinated for COVID-19, but with important caveats.  The guidance reiterates the requirement...

Employment

The COVID-19 Vaccine – Next Steps for Canadian Employers with U.S. Operations

The United States is currently experiencing the largest surge in COVID-19 cases since the global health emergency began.  In the past several weeks, the United States Food and Drug Administration (“FDA”) granted emergency-use authorization to the Pfizer and Moderna COVID-19 vaccines, prompting employers to ask whether they may require employees to be vaccinated. It is imperative that Canadian employers understand their rights and responsibilities with regard to the vaccination of U.S.-based employees. A.  Can Employers Require Employees to Receive the Vaccination? Generally speaking, employers may disallow employees from entering the workplace if they have not been vaccinated, though employers must accommodate employees with disabilities or religious objections.  On December 16, 2020, the Equal...