What does CDC’s “Guidance for Fully Vaccinated People” Mean for Employers – at least as of today?
On May 13, 2021, the CDC updated its COVID-19 Guidance to provide that fully vaccinated people (as defined in the guidance) no longer need to wear masks or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including business and workplace guidance.
What does this mean for employers?
1. The CDC guidance does not override law.
Employers must continue to follow applicable federal, state, local, tribal, or territorial laws, rules and regulations. While some jurisdictions have lifted restrictions for vaccinated (and even in some jurisdictions, unvaccinated) persons, some have not – at least not, yet.
2. Employers must continue to follow applicable workplace guidelines, including OSHA safety and protection guidelines.
OSHA has signaled to employers: “OSHA is reviewing the recent CDC guidance and will update our materials on this website accordingly. Until those updates are completed, please refer to the CDC guidance for more information on measures appropriate to protect fully vaccinated workers.” This signal implies that OSHA adopts, by reference, CDC’s new guidance, and that new OSHA guidance is forthcoming.
3. The U.S. EEOC may update its COVID-19 technical guidance regarding COVID-19’s impact on EEO laws.
The EEOC is considering “any impact of these developments on COVID-19 technical assistance provided to date.” Therefore, employers await the EEOC’s determination of whether (and how) the new CDC guidance will impact EEOC technical and enforcement guidance.
4. The CDC guidance does not override local business rules.
Businesses may elect to continue to require masks for all employees, customers, vendors, and third parties.
5. The new CDC guidance is not applicable to certain high-risk workplaces/industries.
Every employment situation poses unique questions and challenges. Contact us if you wish to learn more.
