On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance related to how the COVID-19 vaccine (and an employer’s decision to require the vaccine) interacts with various laws enforced by the EEOC. The EEOC enforces three laws that could potentially affect an employer’s decision to require the COVID-19 vaccine: Title VII; the Americans with Disabilities Act (ADA); and the Genetic Information Nondiscrimination Act (GINA).

While none of these laws specifically prohibit an employer from requiring employees to be vaccinated, the EEOC stressed that employers must be aware of their obligation to engage in the interactive process, for example, should an employee object to the employer’s mandatory vaccination policy for medical and/or religious reasons.