I had been receiving calls about whether employers can require employees to receive the COVID-19 vaccine once it is available to the general public. My guidance had been based on instinct and outdated guidance on pandemic flu. Yesterday, the EEOC released guidance on mandatory COVID-19 vaccinations. The long and short of it: It is

According to the EEOC’s updated guidance, during the course of the coronavirus/COVID-19 pandemic, employers may use the “direct threat” exception to conduct medical tests of employees entering the workplace.

Ordinarily, an invasive antibody test or infection test for COVID-19 would be an impermissible medical examination under the Americans with Disabilities Act (ADA). However, this medical