Businesses can require their employees to be vaccinated against COVID-19 without violating federal Equal Employment Opportunity Commission laws, the agency says.
Poultry plant workers get coronavirus vaccinations
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Businesses can also offer incentives to employees to get vaccinated or to provide documentation of vaccination "as long as the incentives are not coercive," the EEOC said in a news release Friday.
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The updated EEOC guidance indicates employers must make "reasonable accommodations" for employees who don't get vaccinated because of a disability, religious beliefs or pregnancy.
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The agency also noted that other federal, state and local laws may come into play.
“The updated technical assistance released today addresses frequently asked questions concerning vaccinations in the employment context,” EEOC Chair Charlotte A. Burrows said in a statement. “The EEOC will continue to clarify and update our COVID-19 technical assistance to ensure that we are providing the public with clear, easy to understand, and helpful information."
© Seth Wenig, AP Dr. Victor Peralta, left, examines Sundar Surujmohan's vaccination card before giving him his second dose of COVID-19 vaccine in New York City on Feb. 5.
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The Fourth Amendment doesn't prevent businesses from asking about COVID vaccine status either
Legal experts say federal laws don’t block businesses from asking customers or employees about their vaccine status, despite social media posts claiming the opposite.
Posts circulating widely on Instagram this month cited excerpts of the Fourth Amendment and the 1964 Civil Rights Act to falsely claim that a business asking for proof of vaccination or denying entry based on vaccination status is a “violation of your privacy and property rights” protected by federal law.
The posts claimed the Fourth Amendment protects individuals against businesses asking about vaccines because it protects “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.”
However, legal experts say that amendment refers specifically to searches and seizures by the government, not by private entities.
“The Fourth Amendment only applies to governmental searches and seizures and certainly not to businesses asking for proof of vaccination,” said Lawrence Gostin, a law professor at Georgetown University who specializes in public health law.
Contributing: Associated Press
Colin Sweeney, 12, gets a shot of the Pfizer COVID-19 vaccine as his mother Nicole pats his shoulder at the First Baptist Church of Pasadena, Friday, May 14, 2021, in Pasadena, Calif.
Patients are given the first dose of the Pfizer COVID-19 vaccine, Saturday, March 13, 2021, on the first day of operations at a mass vaccination site at the Lumen Field Events Center in Seattle, which adjoins the field where the NFL football Seattle Seahawks and the MLS soccer Seattle Sounders play their games. The site, which is the largest civilian-run vaccination site in the country, will operate only a few days a week until city and county officials can get more doses of the vaccine.
Seattle Mayor Jenny Durkan, left, greets a worker at a volunteer check-in station, Saturday, March 13, 2021, on the first day of operations at a mass COVID-19 vaccination site at the Lumen Field Events Center in Seattle, which adjoins the field where the NFL football Seattle Seahawks and the MLS soccer Seattle Sounders play their games. The site, which is the largest civilian-run vaccination site in the country, will operate only a few days a week until city and county officials can get more doses of the vaccine.
The first box containing the Johnson & Johnson COVID-19 vaccine heads down the conveyor to an awaiting transport truck at the McKesson facility in Shepherdsville, Ky., Monday, March 1, 2021.
April Israel, RN, administers a shot to Don Robinson, 105, as he receives his second round of vaccinations for COVID-19 at Norton Audubon Hospital on Feb. 12, 2021. Robinson was 3 years old when the Spanish Flu killed 675,000 people in the US.
Edith Kelly gets her COVID vaccine as a worker writes her observation time on her windshield on Sunday, Feb. 21, 2021, at the STARS Complex in Fort Myers.
Ruben Tapia receives a COVID vaccine at the Gila River Indian Community vaccination event at Wildhorse Pass Motorsports Park on Feb. 20, 2021.
Meg Potter/The Republic
UCHealth pharmacy technicians work to prepare doses of the Pfizer-BioNTech COVID-19 vaccine during a mass vaccination event in the parking lot of Coors Field on February 20, 2021 in Denver, Colorado. UCHealth plans to administer 10,000 second doses to seniors over 70 during the drive-up event this weekend.
People wait in line at a 24-hour, walk-up COVID-19 vaccination clinic hosted by the Black Doctors COVID-19 Consortium at Temple University's Liacouras Center in Philadelphia on Feb. 19, 2021.
Traffic cones line around the empty parking lot of Dodger Stadium, a mass COVID-19 vaccination in Los Angeles, Friday, Feb. 19, 2021. California has closed some vaccination centers and delayed appointments following winter storms elsewhere in the country that hampered the shipment of doses.
People wait in line to get their COVID-19 vaccine at a vaccination site set up in a park in the Lincoln Heights neighborhood of Los Angeles, Tuesday, Feb. 9, 2021.
Susan Geubtner, a nurse with Montana Veterans Affairs, gives a COVID-19 vaccination to Robert Harris a veteran of the U.S. Air Force on Feb. 9, 2021during a vaccination clinic for veterans in Great Falls, Mont.
Several hundred people wait through a snow storm for COVID-19 vaccines at the Westchester County Center in White Plains Feb. 7, 2021. The line stretched around the building and at times took people 2 1/2 hours to receive their vaccine.
Maximo Michua, 74, holds his sleeve as Kathryne Acuna (R), Director of Ambulatory Clinical Services at Kaiser Permanente, administers his Covid-19 vaccine on the opening day of a large-scale Covid-19 vaccination site at a parking structure at Cal Poly Pomona University in Pomona, California on February 5, 2021.
Kansas Air National Guard Maj. Cortney Neblett, left, gives a COVID-19 vaccine shot to Master Sgt. Thomas Lafountain, right, during a clinic for Kansas National Guard personnel, Friday, Feb. 5, 2021, at Air National Guard's base south of Topeka, Kan. The Kansas National Guard received 1,100 doses from the U.S. Department of Defense.
Jim Dixon pulls out his COVID-19 vaccination record card at Germantown Baptist Church in Germantown, Tenn., on Feb. 4, 2021.
People arrive for COVID-19 vaccination at a drive through setup at Coors Field baseball stadium on January 30, 2021, in Denver, Colorado.
Security guard Andrea Rapini sits at a COVID-19 vaccination site that closed after running out of the vaccine in John Prince Park in Lake Worth Beach, Fla., on Jan. 27. Gov. Ron DeSantis turned vaccine distribution over to Publix pharmacies in the area.
John Bernard receives his first dose of the Moderna COVID-19 vaccine from registered nurse Adrienne Bond during a vaccine clinic at the Vanderburgh County Health Department in Evansville, Ind., Jan. 26, 2021. He brought his 101-year-old mother, Evelyn Bernard, to the clinic too so they could both get vaccinated.
Palm Desert resident Luther Wood, 82, celebrates his Pfizer COVID-19 vaccination at Eisenhower Health's clinic for patients age 75 and older on Jan. 26 in Rancho Mirage, Calif.
Century Village residents wait before appointments are handed out for the COVID-19 vaccine in West Palm Beach, Florida on Jan. 11, 2021. The community will receive 3,000 doses to use starting on Wednesday.
Karen MacDonald, a nurse at Gates Middle School in Scituate, Mass. lays out her syringes while getting ready to administer the COVID-19 vaccine to first responders on Jan. 11, 2021.
A line of Duval County residents snakes around the campus of the Mandarin Senior Center on Hartley Road on Jan. 11, 2021, as people wait for COVID-19 vaccine injections at one of the two City of Jacksonville vaccine sites which opened Monday.
Medical professionals from Oregon Health & Science University load syringes with the Moderna COVID-19 vaccine at a drive-thru vaccination clinic in Portland, Ore., Jan. 10, 2021. The clinic is a partnership between the Service Employees International Union and Oregon Health & Science University, aiming to vaccinate Oregon's 32,000 home health care workers and their patients.
Nurses have COVID-19 vaccines drawn and ready to administer as people pull into a bay at the former State Farm building in Murfreesboro, Tenn. to receive their first dose on Jan. 4, 2021.
A health-care worker reacts as she receives the COVID-19 vaccine at Lake-Sumter State College in Leesburg, Fla., on Friday, Jan. 1, 2021. Long lines of cars were at the site as the Lake County vaccines are currently being given to people who are 65 years and older and front line workers.
Friends Terri Kado,66, right and Patty Tubbs,68, from Fort Myers Beach wait in line for the the COVID-19 vaccine in the early morning hours of Dec. 30, 2020 at Lakes Park Regional Library in Fort Myers, Fla. The two were having a pleasant experience and were watching the moon as it moved through the sky. To them the vaccine brings a peace of mind and a positive start to the New Year. They got in line at 12:00 a.m. on Wednesday.
Jessica Miles, left, of CVS, gives resident Wanda Kilgore a Moderna COVID-19 vaccine at Linley Park Rehabilitation and Healthcare in Anderson, S.C., Dec. 29, 2020. The first dose of the vaccine was administered to 51 residents and 32 staff, with the second dose planned for Jan. 26, 2021.
Winona McCain, 71, a resident at Patewood Rehabilitation and Healthcare Center in Greenville, S.C., raises her fist after receiving the Moderna COVID-19 vaccine from Jamie, a pharmacist with CVS on Dec. 28, 2020.
Pharmacists prepare doses of the COVID-19 vaccine at the Life Care Center of Kirkland on Dec. 28, 2020 in Kirkland, Wash. The Life Care Center of Kirkland, a nursing home, was an early epicenter for coronavirus outbreaks in the U.S.
Dr. Cletus Oppong, who specializes in occupational medicine, is the first to receive the first round of the Moderna vaccine by Clinical Pharmacist Erin Conkright on Dec. 24, 2020, at the Owensboro Health Regional Hospital in Owensboro, Ky. "It's an exciting day," said Oppong.
Corpus Christi-Nueces County Public Health District personnel administer COVID-19 vaccinations to colleagues during a test drive-thru event at the Richard M. Borchard Regional Fairgrounds in Corpus Christi, Texas on Dec. 23, 2020.
Command Sgt. Maj. John Raines of the Mississippi National Guard, looks away as he receives a dose of the Moderna COVID-19 vaccine in his arm, by a fellow guard member, Dec. 23, 2020, in Flowood, Miss. One hundred doses of the vaccine were administered to both Mississippi Air and Army National Guard service members who serve as first responders and currently assist with the administering of the COVID-19 test at Mississippi Department of Health drive through community testing sites across the state.
The CVS Health team arrives with the Pfizer COVID-19 vaccine at the Sivercrest Health and Rehabilitation Center in Crestview, Fla. on Dec. 21, 2020. This was one of the first administrations of the vaccine in the state.
Dr. Theresa Maresca from the Seattle Indian Health Board (SIHB), lets a collegue write on her arm For the Love of Native People over the spot where she received a shot of the Moderna COVID-19 vaccine, at the SIHB, on Dec. 21, 2020 in Seattle, Wash. The Seattle Indian Health Board (SIHB) received 500 doses of the FDA-approved Moderna COVID-19 vaccine today.
Long-term care patient Carlos Alegre receives the Pfizer-BioNTech COVID-19 vaccine from licensed vocational nurse Virgie Vivar at Birch Patrick Skilled Nursing Facility at Sharp Chula Vista Medical Center on Dec. 21, 2020 in Chula Vista, Calif. 72-year-old Alegre is the first patient to receive the vaccine in San Diego County. Long-term care patients and frontline workers are among those in the CDCÕs highest priority group for vaccination.
Hartford HealthCare employee Wilfredo Rivera reacts after receiving the Moderna vaccine for COVID-19 as Hartford HealthCare Nurse Laura Bailey, right, looks on at Hartford Hospital, Dec. 21, 2020, in Hartford, Conn. Hartford HealthCare was the first in the state to administer the Moderna vaccine.
Marie Branham, right, resident services director at Atria Springdale assisted living community, receives the Pfizer coronavirus vaccine from CVS pharmacist Shereen Keshta at the facility in Louisville, Ky. on Dec. 21, 2020.
Boxes containing the Moderna COVID-19 vaccine are prepared to be shipped at the McKesson distribution center in Olive Branch, Miss. on Dec. 20, 2020. While shipments of the vaccine are rolling out to many health care workers and nursing homes across the country, it could be months before itÕs available for the general public.
Chief Nursing Officer Robin L. Steaban, left, who administered the vaccine, stands with nurse practitioner Lisa Flemmons, Dr. Todd Rice, nurse Cody Hamilton and respiratory therapist Sophie Whitaker after they received a COVID-19 vaccine at Vanderbilt University Medical Center in Nashville, Tenn., Dec. 17, 2020.
Nurse practitioner Franklin Grauzer receives a high-five from his daughter, Emerson, 5, after he received a COVID-19 vaccine at Ascension Saint Thomas Hospital West in Nashville, Tenn., Dec. 17, 2020.
Tim King, a citizen of the Cherokee nation and a Cherokee language speaker, receives ther COVID-19 vaccine at the Cherokee Nation Outpatient Health Center Dec. 17, 2020, in Tahlequah, Okla. On his left arm is a tattoo of a dreamcatcher with the word Cherokee.
Dr. Julie Kennerly-Shah draws out a dose of the Pfizer COVID-19 vaccine as its distributed to healthcare workers on Tuesday, Dec. 15, 2020 at Ohio State University Wexner Medical Center East in Columbus, Ohio. Vaccine shipments began arriving in Ohio on Monday and frontline health care workers have been the first to receive the vaccine.
Allison Wynes, a University of Iowa Hospitals and Clinics (UIHC) nurse practitioner, records a video for her friends announcing she had received one of first doses of the Pfizer-BioNTech COVID-19 vaccine at the hospital, Monday, Dec. 14, 2020, on the 12th floor of the University of Iowa Stead Family Children's Hospital in Iowa City, Iowa.
Sandra Lindsay, left, a nurse at Long Island Jewish Medical Center, is inoculated with the Pfizer-BioNTech COVID-19 vaccine by Dr. Michelle Chester, Monday, Dec. 14, 2020, in New York.
Courtney Schneider, 40, of Grand Rapids and her son, Elliot Schneider, 8, of Grand Rapids wave flags at the FedEx plane carrying the Pfizer COVID-19 vaccine at the Gerald R. Ford International Airport in Grand Rapids, Mich. on Dec. 13, 2020.
Boxes containing the Pfizer-BioNTech Covid-19 vaccine are prepared to be shipped at the Pfizer Global Supply Kalamazoo manufacturing plant in Kalamazoo, Mich. on Dec. 13, 2020.
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This article originally appeared on USA TODAY: Can employers require a COVID vaccine? Federal agency says yes, and they can offer incentives, too
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