Mandated Vaccination for Disabled Employees - Bim Group

Mandated Vaccination for Disabled Employees

Under EEOC guidance, an employer may require an individual with a disability to meet a job-qualification standard that applies to all employees – such as a COVID‑19 vaccination – if the standard is job-related and consistent with business necessity. If a particular employee cannot meet such standard because of a disability, the employer may not require compliance for that employee unless it can demonstrate that the individual would pose a “direct threat” to the health or safety of the employee or others in the workplace. “Direct threat” means a “significant risk of substantial harm” that cannot be eliminated or reduced by reasonable accommodation. The EEOC provides that an employer must first determine if there is a direct threat. Second, the employer must assess whether a reasonable accommodation, that would not cause undue hardship, would reduce or eliminate the threat. As a best practice, the EEOC recommends that an employer introducing a COVID-19 vaccination policy notify all employees that the employer will consider requests for reasonable accommodation based on disability on an individualized basis. See the EEOC guide What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. If a disabled employee is not required to have ADA protection based on the foregoing guidance, the EEOC guidance could serve as an argument in favor of a premium surcharge. However, IRS rules would also need to be considered.

Recent Insights

April 22, 2024
News

Do You Know Where Your Employees Are? Managing Taxes for a Growing Remote Workforce

READ TIME: 5 MINUTES Remote work remains a growing focus of employers with employees increasingly seeking jobs that permit remote or hybrid work arrangements. Though the flexibility and benefits of remote work for employees is highly desired, it comes with some additional considerations and potential tax complications for the employer. State Income Tax Withholding Considerations […]
Read more
April 22, 2024
COBRA, Compliance Alert

Group Health Plan Guide to COBRA

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits due to job loss, reduction in hours, death, divorce, and other life events the right to choose to temporarily continue health benefits provided by their group health plan. This guide includes: Employers required to offer COBRA Plan types […]
Read more
April 8, 2024
HIPAA

Timely Responses Required for Requests under HIPAA’s Right of Access Rule

READ TIME: 4 MINUTES On December 15, 2023, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR), announced a settlement under the Health Insurance Portability & Accountability Act (HIPAA) Right of Access Rule. This penalty illustrates that the Right of Access Rule remains a focus of HHS and that health […]
Read more
April 8, 2024
Compliance Alert

March 2024 Compliance Recap

READ TIME: 7 MINUTES ACA reporting is in its first year of the required electronic reporting for employers filing ten or more returns annually. Employers and employees must make changes to HSAs by the April 15 deadline. Employers of all sizes continued to prepare for the June 1 RxDC Reporting using the newly released instructions. […]
Read more