Abstract
The Equal Employment Opportunity Commission released guidance at the beginning of this summer that addressed mandatory workplace vaccinations, vaccine incentives, and confidentiality requirements for vaccination information (see Equal Employment Opportunity Commission, What You Should Know About Covid‐19 and the ADA, the Rehabilitation Act, and Other EEO Laws (May 28, 2021)). Most notably, the guidance, which updated the EEOC's end‐of‐the‐year guidance from 2020, sanctions mandatory employer vaccine policies — with limited exceptions for employees who cannot receive the vaccine due to disability or religious reasons. Equally of note, the guidance maintains that employers may lawfully offer vaccine incentives without running afoul of the Americans with Disabilities Act or the Genetic Information Non‐discrimination Act.
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