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… options – if one exists that does not pose an undue hardship, meaning significant difficulty or expense. Under Title VII, courts define “undue hardship” as having more than minimal cost or burden on the employer. When mandating vaccination before employees can return to work, employers should plan for how they will handle reasonable accommodation requests. According to the EEOC, employers should engage in a flexible, individualized, interactive process with an employee requesting a reasonable accommodation to identify the workplace accommodation options that do not impose an undue hardship (significant difficulty or expense) on the employer. This process may include determining …

… permits employers to create employee vaccination programs that incentivize vaccination if the employer adheres to Equal Employment Opportunity Commission (EEOC) wellness program rules and specific exemption requirements. When incentivizing vaccinations, employers should follow the Center for Disease Control and Prevention’s (CDC’s) recent guidance on promoting vaccination in the workplace. The primary exemptions to consider include those exemption requests arising under Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA). The available guidance recommends that employers develop voluntary vaccination campaigns and employee incentive plans to promote employee vaccinations. Employers implementing …