On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued revised COVID-19 guidance addressing questions related to the administration of COVID-19 vaccinations to employees. The guidance now addresses several common questions that employers have raised with respect to the COVID-19 vaccine.

Greg Guidry, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., provided APCA with his firm’s report on that development, which includes a link to a summary prepared yesterday, and other firm resources available on this subject. If you have questions, contact Greg at This email address is being protected from spambots. You need JavaScript enabled to view it..

You can get to the entire guidance at www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws. The new section on vaccinations is found in Section K at the end.

While the EEOC points out that federal employment laws do not prevent employers from following guidelines and suggestions from public health authorities, the administration of vaccines to employees may raise legal issues employers should consider. Michael Oliver Eckard’s article, “EEOC Issues Revised Guidance Addressing COVID-19 Vaccines” (ogletree.com/insights/eeoc-issues-revised-guidance-addressing-covid-19-vaccines/) covers information employers need to know about this new guidance.

Also, Ogletree's recent article, “COVID-19 Vaccinations Arriving for the Holidays: What Employers Need to Know and Can Do” by Bret Daniel, Jim Paul, and Jimmy Robinson (ogletree.com/insights/covid-19-vaccinations-arriving-for-the-holidays-what-employers-need-to-know-and-can-do/) provides a thorough discussion regarding factors employers may wish to consider when determining whether to require the COVID-19 vaccine. The authors of this article have developed a COVID-19 Vaccination Policy Template. It is available for a flat fee of $350. If you’d like to order a copy, contact Greg Guidry at This email address is being protected from spambots. You need JavaScript enabled to view it..

Guidry said, "Our firm will continue to monitor and report on developments with respect to the COVID-19 pandemic and will post updates in the firm’s Coronavirus (COVID-19) Resource Center (ogletree.com/coronavirus-covid-19-resource-center/) as additional information becomes available.

Important information for employers is also available via the firm’s webinar (ogletree.com/webinars/) and podcast (ogletree.com/podcasts/) programs.