New guidance introduced last week said employers are empowered by federal laws to impose a Chinese Communist Party (CCP) Virus (COVID-19) mandate, which previously could be considered unlawful.
Equal Employment Opportunity Commission (EEOC) issued new CCP Virus guidance on May 28, stating that businesses can legally require their staff to get vaccinated if they enter a physical workplace in most circumstances.
However, the legitimation of the vaccine requirement can still be determined differently under the influence of other federal laws such as the Americans with Disabilities Act (ADA) which forbids unequal treatment of people with disability, in addition to state and local laws that EEOC does not have the authority to overrun, the agency’s updated guidance on May 28 said.
Reminding that not all employees can have equal access to vaccination, the EEOC added that companies must offer exemptions in case of pregnancy, religious or medical complexity. To make amends for these excluded situations, the federal agency demands employers provide appropriate measures to ensure protection such as masks and office capacity (social distancing).
The guidance does not condemn incentives to encourage more vaccinated staff from businesses. As long as any advice and encouragement given are not coercive, this practice is not considered an infringement of federal laws.
Speaking of the new guidance, EEOC Chair Charlotte A. Burrows said it “addresses frequently asked questions concerning vaccinations in the employment context.”
“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,” she said.
This guidance has recently been cited to defend Houston Methodist hospital in Texas, which was sued by 117 of its employees opposing the CEO’s requirement that all staffers must be vaccinated by June 7.
Complaining that all the available COVID-19 vaccines in the United States are now still experimental, the concerning employees of Houston Methodist said the mandate violates the medical ethics Nuremberg Code, which protects involuntary individuals from forced experimental medical treatments.