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March 16, 2021

NYMGMA eNewsletter: "EEOC Updates Guidance: Should Employers Mandate COVID-19 Vaccination?"

Shaleem Yaqoob, associate, recently had his “EEOC Updates Guidance: Should Employers Mandate COVID-19 Vaccination?” article published in the March issue of the New York Beat, the New York Medical Group Management Association’s (NYMGMA) monthly enewsletter. The article explores key updates to the Equal Employment Opportunity Commission’s (EEOC) COVID-19 guidance, including the nuances associated with deciding to mandate vaccination in the workplace and ADA, Title VII, and GINA protections and concerns. The article says:

“Because federal law requires recipients [of the COVID-19 vaccine] to be made aware of their option to refuse a vaccine issued under an EUA, it is unclear whether an employer can mandate the currently available vaccines until the FDA grants full approval. This is further underscored by recent guidance issued by the CDC noting that the vaccine is not mandated by the FDA and that whether an employer can mandate COVID-19 vaccination is a matter of state or other applicable law, much of which is still evolving or not definitive.”

Click here to read the full article.

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