The Americans with Disabilities Act and Vaccine Exemptions

Still an issue.

I can’t believe we are still dealing with this, but vaccine mandates continue to rear their ugly head. A few key points for those seeking exemptions:

Employers must evaluate exemption requests individually through an interactive process under the ADA, rather than applying a blanket policy only allowing CDC/FDA contraindications. An employee's specific medical needs and physician recommendations should be considered.

Some employers have wrongly limited exemptions to CDC contraindications only. This violates the ADA's requirement to provide reasonable accommodations for disabilities and overlooks medical judgment.

Exemption requests should identify a medical condition and mechanism of potential harm from the vaccine. A simple doctor's note saying the employee shouldn't get vaccinated is probably not sufficient justification.

As for COVID-19 vaccines originally authorized as investigational new drugs (INDs), with no legal indications or labeling of contraindications. Policies only allowing exemptions for labeling contraindications do not make sense legally.

In summary, employers should evaluate exemption requests individually, not apply blanket CDC/FDA policies, consider the employee's specific medical situation, and gather sufficient medical details rather than tying requests to current labeling.