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Employers can require proof of COVID-19 vaccination — with some exceptions, EEOC says

December 17, 2020

The agency’s update is a highly anticipated development during the same week the first COVID-19 vaccines were administered to U.S. healthcare workers. While the guidance provides clarifications on questions pertaining to various federal laws, EEOC said that “EEO laws do not interfere with or prevent employers from following CDC or other federal, state and local public health authorities’ guidelines and suggestions.”

Notably, the guidance specified that administering a COVID-19 vaccine to employees, or requiring proof that employees received a COVID-19 vaccine, does not involve the use of genetic information to make employment decisions nor the acquisition or disclosure of genetic information.

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