CONSTRUCTION LAW
Lisa Griffin Hodgdon Jason Lambert
questions, similar to asking an employee
why they did not receive a vaccination,
may be considered a medical inquiry
under the ADA and would therefore
only be permitted when such inquiry
is “job-related and consistent with
business necessity.”
8. Has OSHA issued any
regulations requiring
COVID-19 vaccinations?
Although OSHA has issued guidelines
for job sites relating to social distancing,
mask use and other COVID-19 mitigation
precautions, it has not issued guidelines
addressing COVID-19 vaccinations or
how vaccinations may reduce or affect
the other guidelines or requirements
for construction sites. However, OSHA
has previously taken the position that
employers may require employees to
receive the flu vaccine. Employers should
be alert for any new OSHA guidance on
this topic and should consult with counsel
if they have any questions.
Employers considering mandating
or simply encouraging COVID-19
vaccinations of employees should
consider relevant EEOC, CDC and state
guidance. For specific questions about
vaccine policies, employee matters during
COVID-19, state and local COVID-19
requirements, or about managing Title VII
or ADA obligations, please contact your
labor and employment attorney. t
Lisa Griffin Hodgdon is a partner of
counsel in the Tampa office of Dinsmore &
Shohl LLP, and a member of its labor and
employment practice group. For nearly 20
years Hodgdon has been advising employers
on employment law matters and defending
employers before state and federal courts
and agencies related to disputes involving
their employees or former employees.
Jason Lambert is a construction attorney
and partner in the Tampa office of
Dinsmore & Shohl. Lambert spent 10 years
in the construction industry as a project
manager before going to law school,
and now represents contractors and
subcontractors in transactions and dispute
resolution proceedings.
References
i. https://www.eeoc.gov/regulations/
proposed-rule-amendments-regulationsunder
americans-disabilities-act
ii. https://aboutblaw.com/VnJ
iii. See “General Principles” of EEOC
Enforcement Guidance on Reasonable
Accommodation and Undue Hardship
under the ADA https://www.eeoc.gov/
laws/guidance/enforcement-guidancereasonable
accommodation-and-unduehardship
under-ada.
iv. See K.5. of EEOC’s What You Should
Know About COVID-19 and the ADA, the
Rehabilitation Act and Other EEO Laws
at https://www.eeoc.gov/wysk/what-youshould
know-about-covid-19-and-adarehabilitation
act-and-other-eeo-laws
v. See #5 of EEOC Enforcement Guidance
on Reasonable Accommodation and
Undue Hardship under the ADA
https://www.eeoc.gov/laws/guidance/
enforcement-guidance-reasonableaccommodation
and-undue-hardshipunder
ada
vi. See K.6. of EEOC’s What You Should
Know About COVID-19 and the ADA, the
Rehabilitation Act and Other EEO Laws
at https://www.eeoc.gov/wysk/what-youshould
know-about-covid-19-and-adarehabilitation
act-and-other-eeo-laws
1. https://www.eeoc.gov/regulations/
proposed-rule-amendments-regulationsunder
americans-disabilities-act\
2. https://aboutblaw.com/VnJ
3. See “General Principles” of EEOC
Enforcement Guidance on Reasonable
Accommodation and Undue Hardship
under the ADA https://www.eeoc.gov/
laws/guidance/enforcement-guidancereasonable
accommodation-and-unduehardship
under-ada.
4. See K.5. of EEOC’s What You Should
Know About COVID-19 and the ADA, the
Rehabilitation Act and Other EEO Laws
at https://www.eeoc.gov/wysk/what-youshould
know-about-covid-19-and-adarehabilitation
act-and-other-eeo-laws
5. See #5 of EEOC Enforcement Guidance
on Reasonable Accommodation
and Undue Hardship under the
ADA https://www.eeoc.gov/laws/
guidance/enforcement-guidancereasonable
accommodation-andundue
hardship-under-ada
6. See K.6. of EEOC’s What You Should
Know About COVID-19 and the ADA, the
Rehabilitation Act and Other EEO Laws
at https://www.eeoc.gov/wysk/what-youshould
know-about-covid-19-and-adarehabilitation
act-and-other-eeo-laws
7. See K.5. of EEOC’s What You Should
Know About COVID-19 and the ADA, the
Rehabilitation Act and Other EEO Laws
at https://www.eeoc.gov/wysk/what-youshould
know-about-covid-19-and-adarehabilitation
act-and-other-eeo-laws
8. See K.7. of EEOC’s What You Should
Know About COVID-19 and the ADA, the
Rehabilitation Act and Other EEO Laws
at https://www.eeoc.gov/wysk/what-youshould
know-about-covid-19-and-adarehabilitation
act-and-other-eeo-laws
9. See K.5. of EEOC’s What You Should
Know About COVID-19 and the ADA, the
Rehabilitation Act and Other EEO Laws
at https://www.eeoc.gov/wysk/what-youshould
know-about-covid-19-and-adarehabilitation
act-and-other-eeo-laws
10. See K.3. of EEOC’s What You Should
Know About COVID-19 and the ADA, the
Rehabilitation Act and Other EEO Laws
at https://www.eeoc.gov/wysk/what-youshould
know-about-covid-19-and-adarehabilitation
act-and-other-eeo-laws
11. See https://www.osha.gov/laws-regs/
standardinterpretations/2009-11-09.
Photo courtesy of Dinsmore & Shohl LLP 122 | ISSUE 2 2021 www.piledrivers.org
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