As private employers begin to widely adopt COVID-19 vaccine mandates, they are increasingly encountering resistance from employees who claim to have a medical reason for why they cannot be vaccinated. How are HR leaders, most of whom have no medical background themselves, supposed to evaluate these claims, though? Can they ask for additional information? What if they disagree with the reasoning of the doctor who claims the employee cannot be vaccinated?
The EEOC continues to issue guidance to employers on how to evaluate medical exemption requests, but unfortunately, not every situation will be covered in that guidance. Below we set out