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The EEOC also recently updated its vaccination guidance in the agency’s FAQ resource. All updates can be found in Section K of the publication. The updates add clarity to some previously unanswered issues and reaffirms a handful of the agency’s previous positions. Chief among them, employers are still permitted to mandate the vaccine subject to reasonable accommodations for disabilities and sincerely held religious beliefs. Additionally, the new guidance adds some clarity to incentivized programs. Read the full guidance here. Key additions to EEOC vaccine guidance (May 28): The EEOC adds a comment regarding “disparate impact” (FAQ K1) Incentive limitations do not apply if you are merely asking employees to provide proof of vaccination, as opposed to administering the vaccine yourself (or through an agent). (FAQ K16 and K17) The EEOC specifically mentions wearing a face mask as a potential reasonable accommodation. Also mentioned was telework. (FAQ K2) If an employee provides confirmation of vaccination (i.e., a vaccination card), that information is confidential and should be stored separately from the employee’s personnel files. (FAQ K4) Additional clarity is added regarding what is a “direct threat.” (FAQ K5) To request an accommodation, an individual does not need to mention the ADA or use the phrase “reasonable accommodation” (FAQ K6). Voluntary programs that are employer-administered do not have to show that pre-screening questions are job-related and consistent with business necessity (FAQ K8) For purposes of the ADA, requesting proof of vaccination is not a disability-related inquiry. (See FAQ K9) If a person is fully vaccinated, but they still consider themselves at high risk from COVID, you must still perform the interactive process for a potential reasonable accommodation. (FAQ K11). The EEOC acknowledges that none of the pre-screening questions performed for the current COVID vaccines elicit genetic information, and therefore, GINA will not be implicated in most circumstances. (FAQ K14 and K19)