Latest EEOC Guidance on mandating and incentivizing COVID 19 Vaccination

On Demand | CEU Approved

  • 75 minutes

COVID-19 vaccines are giving many employers hope that their workplaces can slowly return to normal. To help speed that return, employers are considering requiring or encouraging workers to get vaccinated. That’s allowed within certain limits, but there are employee relations hurdles and legal challenges in mandating or incentivizing vaccines that employers need to be aware of.

Before employers jump to requiring employees to get vaccinated, they should understand all the possible effects of that decision – both operational and cultural. As an example, if an employer makes COVID-19 vaccinations mandatory and excludes people from the workplace who haven’t gotten immunized, there may not be enough employees to keep the business running. There are moral issues that might materialize.  It’s possible that despite the toll that the pandemic has taken on all of us, some employees may be reluctant, or even hostile, to a requirement that they get vaccinated. This reluctance could create an employee engagement issue that some employers may not want to provoke.

Attend this webinar by expert speaker Diane Dee where she will covers, Implications of the Americans with Disabilities Act, Offering an incentive to getting vaccinated, how to handle employee requests for an exemption based on a disability, and other important points. Participants in this webinar will gain an understanding of the employee relation hurdles and legal challenges employers may face when mandating or incentivizing vaccines.

Session Highlights:

  • To Mandate or Not to Mandate?
  • Do employers really need a mandatory program?
  • May employers ask for proof of vaccination?
  • Legal risks to be aware of:  disparate impact, retaliation claims, claims of wrongful termination
  • Implications of the Americans with Disabilities Act, Genetic Information Non-discrimination Act, the Age Discrimination in Employment Act and the Pregnancy Disability Act
  • Handling employee requests for an exemption based on a disability or due to a sincerely held religious practice or belief
  • Offering incentives to getting vaccinated:  tax consequences
  • Administering COVID-19 tests to employees
  • Can an employer ask employees physically entering the workplace if they have been diagnosed with COVID or have been tested for COVID-19?
  • May an employer require proof of receipt of a vaccination
  • Repercussions of employees who suffer serious side effects from the vaccine
  • Postponing start dates/withdrawing a job offer
  • COVID-related Harassment and/or discrimination issues & how to address them
  • EEOC considerations in planning furloughs or layoffs
  • Role of the CDC
  • Federal considerations regarding mandatory vaccinations: Title VII of the Civil Rights Act, Liability under worker compensation laws, OSHA, and the NLRA
  • Disability & religious discrimination as a result of mandating vaccinations
  • Inquiries as to why the employee ISN’T vaccinated 
  • Asking how the vaccination process went – a slippery slope
Why You Should Attend:  

The availability of COVID-19 vaccines has garnered massive attention. Perhaps the most pressing questions from employers are whether or not they can require their employees to be vaccinated and inquiries as to whether employees have already been vaccinated.  These questions could aid in return-to-the-office planning or in determining continuing COVID prevention strategies. Before mandating vaccinations or proceeding with inquiries, employers need to understand their legal rights and obligations regarding this topic.  Missteps can easily lead to legal complications.

Who Should Attend? 

  • Senior Management
  • Human Resources Professionals
  • Managers & Supervisors
  • Operations Professionals
  • Compliance Professionals

You may ask your Question directly to our expert during the Q&A session.
** You can buy On-Demand and view it at your convenience.

Diane   L. Dee

Diane L. Dee

Diane L. Dee, President of Advantage HR Consulting, LLC has over 25 years of experience in the Human Resources arena. Diane’s background includes experience in Human Resources consulting and administration in corporate, government, consulting and pro bono environments. Diane founded Advantage HR Consulting, LLC in early 2016. 

Under Diane’s leadership, Advantage HR provides comprehensive, cost-effective Human Resources solutions for small to mid-sized firms in the greater Chicagoland area. Additionally, Diane conducts webinars on a wide-variety of HR topics for various compliance training firms across the country. 

Diane is a member of the National Association of Women Business Owners and the Society for Human Resource Management. Additionally, Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.

Diane holds a Master Certificate in Human Resources from Cornell University’s School of Industrial and Labor Relations and has attained SPHR, SHRM-SCP, sHRBP and HRPM® certification.

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