Should employers and employees be aware of any other pandemic-related caregiver discrimination issues? An employee assigned to permit building entry only by employees who are in compliance with a work restriction, such as COVID-19 vaccinations, testing, and/or masking, should only receive a list of the individuals who may (or may not) enter, but not any confidential medical information about why they are on (or not on) the list. For the current status of vaccines authorized or approved by the FDA, please visit: https://www.cdc.gov/vaccines/covid-19/clinical-considerations/covid-19-vaccines-us.html. As with other vaccinations, additional doses recommended for older age groups, health conditions or immunocompromise are not required for completion of this exam. See K.14 for more about GINA and pre-vaccination medical screening questions. In making these assessments, employers should check the latest CDC guidance(and any other relevant sources) to determine whether screening testing is appropriatefor these employees. Substantially Limiting: Substantially limits is construed broadly and should not demand extensive analysis. Older workers also may have medical conditions that bring them under the protection of the ADA as individuals with disabilities. Laboratory evidence of immunity is acceptable for measles, mumps, rubella, hepatitis A, hepatitis B, polio, and varicella if the applicant lacks acceptable documented history of vaccination for these diseases. What will happen if I refuse to receive one or all of the required vaccines? For this definition of disability, whether the actual or perceived impairment substantially limits or is perceived to substantially limit a major life activity is irrelevant. (4/23/20). An employee who must report to the workplace knows that a coworker who reports to the same workplace has symptoms associated with COVID-19. See 29 C.F.R. (4/17/20). Once you have received the single dose appropriate at the time, the civil surgeon can sign and certify the Form I-693. Web** Tdap and Meningococcal vaccines are required for all entering 6th graders who are 11 years of age or older; 6th graders <11 years must receive Tdap and meningococcal vaccines once age 11 is reached. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 These additional vaccines are not required for status adjustment. The ADA uses a case-by-case approach to determine if an applicant or employee meets any one of the three above definitions of disability., When is COVID-19 or Long COVID an actual disability under the ADA? Does the ADA allow employers to require employees to stay home if they have COVID-19 or symptoms of COVID-19? These questions and answers clarify circumstances in which COVID-19 may or may not cause effects sufficient to meet the definition of actual or record of a disability for various purposes under Title I, as well as section 501 of the Rehabilitation Act, both of which are enforced by the EEOC. Children from other countries who are being adopted by U.S. citizens are applying for U.S. entry as immigrants. For more information on postponing a start date or withdrawing a job offer due to older age, see C.5. The ADA permits employers to make disability-related inquiries and conduct medical exams to screen employees for COVID-19 when entering the workplace if such screening is job-related and consistent with business necessity. For more information on disability-related inquiries and medical examinations,see Section A. M.5. A. D.11. It is possible that an employer may not have engaged in unlawful discrimination under the ADA even if the employer took an adverse action based on an impairment. Vaccine Information Statements (VISs) for patients are available in many languages and must be used to provide vaccine information to applicants. 1630.2 for further information on the ADAs requirements relating to individualized assessment. Employers also may ask if these employees have been tested for COVID-19 (and if so, ask about the result). Under Title VII, how should an employer respond to employees who communicate that they are unable to be vaccinated for COVID-19 (or provide documentation or other confirmation of vaccination) because of a sincerely held religious belief, practice, or observance? Does this mean that an employer can never take action against someone who has engaged in EEO activity? May an employer invite employees to ask for reasonable accommodations they may need in the future in advance of a return to the workplace? If the employee has COVID-19 or symptoms of the disease, the employer may follow any CDC-recommended period of isolation with respect to when an employee may return to the workplace or otherwise work in close proximity to others. C.3. May an employer take an applicant's temperature as part of a post-offer, pre-employment medical exam? See WYSK Question A.8. A. If the civil surgeon cannot safely administer a required vaccine, they will annotate the Form I-693 by marking the vaccine as contraindicated. What vaccines are required for U.S. immigration? May an employer ask an employee who is physically coming into the workplace whether they have family members who have COVID-19 or symptoms associated with COVID-19? Is COVID-19 always an actual disability under the ADA? People can update their records with vaccines they received while outside of the United States by: Learn more aboutCOVID-19 vaccination cards. This availability differs by location, but the vaccine is usually available from October until March. info@eeoc.gov The vaccine must protect against a disease eliminated in the United States,or is in the process of being eliminated in the United States. CDC recommends COVID-19 vaccinations for everyone aged 12 years and older, including people who are pregnant, breastfeeding, trying to get pregnant now, or planning to become pregnant in the future. May an employer ask an employee why the employee has been absent from work? Who in the organization needs to know the identity of the employee will depend on each workplace and why a specific official needs this information. If staff need to know how to contact the employee, and that the employee is working even if not present in the workplace, then disclosure that the employee is teleworking without saying why is permissible. Employers may wish to consult current CDC guidance regarding domestic or international travel for recommendations on what precautions, if any, are advisable after returning from certain destinations. If a vaccine is not available, the civil surgeon should refer the applicant to a place where the vaccine is provided. F.2. Have any vaccines been added or removed from the list of required vaccines for U.S. immigration because of these new criteria? Linking to a non-federal website does not constitute an endorsement by CDC or any of its employees of the sponsors or the information and products presented on the website. No. How does the ADA apply to this situation? Employers also may work with local public health authorities, medical providers, or pharmacies to make vaccinations available for unvaccinated workers in the workplace. It did not address the ADA and Rehabilitation Act requirements regarding provision of reasonable accommodation. For small employers, coworkers might be able to figure out who the employee is, but employers in that situation are still prohibited from confirming or revealing the employees identity. and G.5. for an additional example of pandemic-related harassment.) The ADA requirement that medical information be kept confidential includes a requirement that it be stored separately from regular personnel files. If an employee seeks an exemption from a vaccination requirement due to pregnancy, the employer must ensure that the employee is not being discriminated against compared to other employees similar in their ability or inability to work. (Updated 5/15/23). An impairment need only substantially limit one major bodily function or other major life activity to be substantially limiting. How does the CDC decide which vaccines are required for immigration purposes? Thus, objections to a COVID-19 vaccination requirement that are purely based on social, political, or economic views or personal preferences, or any other nonreligious concerns (including about the possible effects of the vaccine), do not qualify as religious beliefs, practices, or observances under Title VII. The information is available on USCIS Form I-693 page, the Immigration Medical Examination page, or the Designated Civil Surgeon page. This is the case even though this person is still subject to CDC guidance for isolation during the period of infectiousness. (11/17/21). vaccination Employers should ensure that supervisors, managers, and human resources personnel know how to handle such requests to avoid disparate treatment in violation of Title VII. Find your nearest EEOC office May the employer tell staff that this particular employee is teleworking without saying why? If so, is there specific language that must be used under Title VII? K.21. Q: Where can I find more information about the vaccination requirements for immigration purposes and how these requirements affect the completion of Form I-693? No. GINAs restrictions on employers acquiring genetic information (including those prohibiting incentives in exchange for genetic information), therefore, do not apply. You can review and change the way we collect information below. Some employees also may require assistance with transportation to vaccination sites. The individual is infected with COVID-19. This is an easier standard for employers to meet than the ADAs undue hardship standard, which applies to requests for accommodations due to a disability. The ADAs requirements about disability-related inquiries and medical exams, medical confidentiality, retaliation, and interference apply to all applicants and employees, regardless of whether they have an ADA disability. If the civil surgeon is administering the vaccinations, you are responsible for paying the appropriate fee directly to the civil surgeon, as agreed upon with the civil surgeon. If an employer provides telework, modified schedules, or other benefits to employees with school-age children due to school closures or distance learning during the pandemic, are there sex discrimination considerations? Do you need to wait to get vaccinated after getting COVID-19 or getting treatment for COVID-19? (Updated 7/12/22). Because the pre-vaccination medical screening questions for the three COVID-19 vaccines now available do not inquire about genetic information, employers may offer incentives to their employees for getting vaccinated. An employee who fails to cooperate with an employers reasonable requests for verification of the sincerity or religious nature of a professed belief, practice, or observance risks losing any subsequent claim that the employer improperly denied an accommodation. As a best practice, and in advance of having some or all employees return to the workplace, are there ways for an employer to invite employees to request flexibility in work arrangements? If the health care provider administering a COVID-19 vaccine is not the employer or its agent the ADA does not limit the incentives (which includes both rewards and penalties) an employer may offer to encourage employees to receive a COVID-19 vaccination, or to provide confirmation of vaccination. Although the EEOCs internal forms typically are not made public, it is included here given the extraordinary circumstances facing employers and employees due to the COVID-19 pandemic. USCIS does not regulate the fees charged by civil surgeons for the completion of an immigration medical examination. The civil surgeon needs to document the appropriate Blanket Waiver reason for each vaccine not given on the Form I-693, and the waiver will be granted to the applicant if documented correctly. If a job may only be performed at the workplace, are there reasonable accommodations for individuals with disabilities, absent undue hardship, that could offer protection to an employee who, due to a preexisting disability, is at higher risk from COVID-19? This individual should easily be found to be substantially limited in the major life activity of endocrine function. Who is protected from retaliation? Whatever the reason for shortening or adapting the interactive process, an employer may also choose to place an end date on the temporary accommodation (for example, a specific date such as May 30). If the requested change is easy to provide and inexpensive, the employer might voluntarily choose to make it available to anyone who asks, without going through an interactive process. If there is a disability-related need for accommodation, an employer must explore potential reasonable accommodations that may be provided absent undue hardship. Employers should make every effort to limit the number of people who get to know the name of the employee. An employer is always entitled to know why an employee has not reported for work. Cocooning Protects Babies, Immunization Action Coalition. In some instances, COVID-19 or Long COVID also may affect other major life activities, such as caring for oneself, eating, walking, breathing, concentrating, thinking, or interacting with others. The civil surgeon records the results of the immigration medical examination, including the results of the vaccination assessment, on USCIS Form I-693. CDC has updated select ways to operate healthcare systems effectively in response to COVID-19 vaccination.