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

September 21, 2021
COVID 19, Webinar

Webinar: Considerations for Employers Handling COVID Vaccine Mandates

Tuesday, October 12, 2021 2:00 p.m. ET / 11:00 a.m. PT Register Now President Biden’s administration recently announced its Path Out of the Pandemic action plan. The action plan calls for employers with 100 or more employees to require employees to be vaccinated or submit to weekly tests, as well as requiring vaccinations for federal […]
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September 14, 2021
News

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 […]
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September 13, 2021
Medicare

Attention: Medicare Part D Notice

Action Items: Step 1: If you have provided participants and new hires with the annual notice packet provided by Bim Group or generated through HR Service in the last 12 months, the Medicare Part D notice is included in this packet, so no additional action is required at this time for Step 1. If you have not […]
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September 9, 2021
ARPA, COBRA

NO LATER THAN SEPTEMBER 15, 2021: Notice of Expiration to AEIs of ARPA COBRA Premium Assistance

Under provisions of the American Rescue Plan Act (“ARPA”), COBRA administrators are required to provide Assistance Eligible Individuals (“AEIs”) with written notice of the date on which their COBRA subsidy will end. The notice must be provided no earlier than 45 days before the expiration date and no later than 15 days before that date. […]
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