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Ex. DUT-FED-071 Standing duty Primary source read

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance) · United States (Federal)

The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
42 U.S.C. 12112(d), 12113(b); 42 U.S.C. 2000e-2; 29 C.F.R. 1630.2(r)
Issued
2021-05-28 May 28, 2021
Effective
2021-05-28
End
updated Oct. 13 and Oct. 25, 2021 and later (read as 2021-10-25)
In force
May 28, 2021 to Oct. 25, 2021
Quarters
2021 Q22021 Q3
Limitation types
Workplace rulesVaccination or testingQuarantine and isolation
Addressees
  • ADA- and Title VII-covered employers
Character
agency guidance permissive
Collection
Standing duties: Federal layer DUT-FED

Operative words

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Penalty

none

What it required

Permissive: the EEOC's position in force for 2021Q3 that employer vaccination requirements, screening and exclusion of unvaccinated or symptomatic employees were consistent with federal EEO law subject to accommodation; the compulsion to adopt such measures came from the health-care conditions of participation, the federal contractor order and the State and local mandates. Character as recorded: agency_guidance_permissive ('do not prevent').