On May 28, this last Friday afternoon before a holiday weekend, the Equal Employment Opportunity Commission (EEOC) issued guidelines on vaccinations in light of the COVID-19 pandemic. Here is what we all knew before May 28: Employers can impose a mandatory vaccination requirement upon employees but must provide accommodations for medical reasons, for religious-based objections, and for pregnant employees who would arguably be endangered by the vaccine. But what we did not know was how the EEOC would analyze these exceptions to the vaccination mandate. Now, we do.

First off, an employer can require documentation from an employee that the employee has been vaccinated prior to returning to work. As the expression goes, trust everyone but cut the cards. Naturally, this information is private and must be kept confidential by the employer.  That’s the easy part. Now, what if the employee refuses to be vaccinated because of a medical condition or a religious objection or pregnancy? Can the employer fire the employee?

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