According to recently published EEOC Guidance (summarized below), the availability of COVID-19 vaccinations raises employment law questions under the ADA, GINA, and Title VII. These laws do not prohibit employers from requiring their employees to get the COVID-19 vaccine or even administering the vaccine to their employees themselves, except under certain circumstances. Pre-vaccination medical screening of employees, however, raises a whole host of employment law concerns, of which employers should familiarize themselves.
The Americans with Disabilities Act
The administration of a COVID-19 vaccine to an employee by an employer is not a medical examination under the ADA. A medical examination is a procedure or test given by a health care professional that seeks information about an individual?