Now that people are receiving the vaccine in the US, the federal government has given the employers the power to require immunization for their workers.
In general, companies have the legal right to mandate that employees get a COVID-19 shot, the Equal Employment Opportunity Commission (EEOC) said Wednesday. More specifically, employers are entitled — and required — to ensure a safe workplace in which “an individual shall not pose a direct threat to the health or safety of individuals in the workplace.” That can mean a company requiring its workforce to be vaccinated.
The Americans with Disabilities Act limits an employer’s ability to require workers to get a medical examination. But the EEOC’s latest guidance clarifies that getting vaccinated does not constitute a medical exam. As a result, ordering employees to get a COVID-19 shot would not violate the ADA.