Blog, Employment Law
What Employers Should Consider When Mandating Vaccinations
Can employers legally mandate employees to be vaccinated with the Covid-19 vaccine? The short answer is yes… but it is not that simple. When considering mandatory vaccinations, it is imperative that employers understand the various equal employment opportunity laws that protect employee rights from discrimination and unlawful employment practices, including the Americans with Disability Act (ADA) and the Rehabilitation Act, Title II of the Genetic Information Nondiscrimination Act (GINA), Title VII, and the Pregnancy Discrimination Act (PDA). Preparation is key. In December, the U.S. Equal Employment Opportunity Commission (EEOC) provided updated guidance in light of the vaccination rollouts, specifically addressing mandated vaccinations. This guidance made clear that while employers may mandate and require proof of vaccination, employers should proactively instruct employees not to provide any other medical information to avoid implicating ADA protections. For example, if an employee provides medical information related to a health condition or disability (regardless if related to Covid-19 or a vaccination), the employer may be required to engage in a further interactive process to determine if the employee needs a workplace accommodation. When the employer has knowledge of such medical information – even when no accommodation is requested or needed – there is an increased risk for retaliation or discrimination claims if a future adverse action is taken against the employee at any time in the future. The EEOC guidance also warns that pre-screening for vaccinations might constitute a disability-related inquiry as such screening is likely to elicit medical information about a pregnancy or conditions such as allergies, preexisting conditions, or…
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Blog, Community, Uncategorized
Restrictions Remain in Indiana for Limited Gatherings and Events
*This blog has been updated.* Restrictions will remain in place with limited participation for employers and organizations planning to host small or large events in the coming weeks. On Feb. 24, 2021, Indiana Governor Eric Holcomb extended two executive orders for 30 more days. The orders – Executive Order 21-02 and Executive Order 21-03 – were set to expire on March 1 but will continue with the county-based measures and restrictions for social gatherings and events. The latest extension also impacts the NCAA tournament hosted in Indy with 25 percent fan attendance. For employers hosting sporting or other extracurricular events, an “event” is defined as: an assembly or convening of multiple individuals from separate households in a single space – indoors or outdoors – at the same time but where the main purpose is not necessarily for individuals to interact with others outside of one’s household but to engage in or attend a business/commercial function, single event, or events of limited duration – such as conferences, conventions, concerts, shows, sport or athletic competitions (community, K-12 extracurricular, collegiate and professional), fairs, festivals, carnivals, parades, graduation ceremonies, community holiday celebrations, fundraisers or other entertainment events. The executive order strongly recommends that overall size of a social gathering or event be limited in overall attendance based on a county’s color-coded metric, which is as follows: designated as red– may not exceed 25 individuals designated as orange– may not exceed 50 individuals designated as yellow– may not exceed 100 individuals designated as blue– may not exceed 250 individuals If a safety plan is submitted at least five…
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