As the COVID-19 vaccination is being distributed across the nation, many businesses are asking whether they can or should require their workforces to get the vaccine. In response to such questions, the Equal Employment Opportunity Commission (EEOC) recently issued guidance on vaccination-related issues in the workplace. Such issues implicate the Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”), among other laws. Employers who are considering implementing vaccination programs should adhere to the EEOC guidance.
However, Employers should understand what the requirements are under the EEOC guidance and what factors can impact them if they are not followed. Moreover, proper communication of policies should ensure proper compliance. Employees will have many questions and the Employer needs to have the answers to ensure the employees have confidence.
Employers also have to ensure there are accommodations made for those employees who are not ready for mandatory vaccinations because of religious or disability concerns. The bottom line is that there should be some accommodations made that do not impose an undue hardship to offer those employees in these specific scenarios.
COVID-19 has made a significant impact in the workplace. Employers need to develop policies and procedures that meet the criteria of the EEOC while establishing safety measures in the workplace. COVID-19 is part of the workforce for the next 2-3 years and Employers need to adapt to the changes to ensure employees and their stakeholders have confidence in the workplace. COVID-19 policies must take into consideration all the landmines that can expose Employers like the ADA, HIPPA, Privacy issues, reasonable accommodations, and compliance of other regulatory entities.
All Employers
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations.
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).