EEO & the Covid Vaccine

Mary Barrett

January 4, 2022

Federal EEO laws are there to protect you against employment discrimination. These laws protect you from retaliation for defending your rights to be free from discrimination.

This article explains how these laws protect rights that can help safeguard you at work during the COVID-19 pandemic. For those who are being harassed, are “high-risk,” are being blocked from working by their employer, or who need a change of their employer’s COVID-19 safety requirements, these laws are especially important.

A sign with red and white lettering on a metal pole that says Every Human Has ights

There has been an increase in some types of harassment due to the COVID-19 pandemic. However, there are EEO laws in place that are meant to prevent you from being harassed at work because of your national origin, race, religion, sex (including pregnancy, sexual orientation, and gender identity), genetic information, disability, or if you are over 40. As an example, being harassed at work because you are African American is against the law.

Let’s say you tell your employer that someone is harassing you at work, for any of the above reasons. Your employer is obligated to find out if the harassment is occurring, and if it is, to stop it.

‍

Covid-19 & Reasonable Accommodation

Do you have a medical condition that makes you “high risk?”Maybe you have a mental health condition that makes it difficult to come to work. You may be able to work from home as a reasonable accommodation, thanks to these EEO laws.

However, to be eligible you must be able to do your regular job from home and your medical condition must be a disability under the Americans with Disabilities Act (ADA). Additionally, if you are pregnant you may be able to work from home if your employer is letting other people work from home.

If you can’t do your job from home, you might be able to get a different accommodation under EEO, such as protective equipment or scheduling changes. Remember, always ask your employer for an accommodation if you need one.

In any case, an employer can’t block you from working completely just because you are over 40, pregnant, have a disability, or you take care of someone with a disability. However, your employer can force you to stay home if you have COVID-19 and are contagious.]

A woman with long hair sitting next to a cracked winow as she works on a laptop with a teacup and eyeglasses next to her

According to the EEOC, your employer can make you stay home from work if you have a disability that makes you high risk. This is only if coming into the office would create a major risk of considerable harm to your health that cannot be reduced through reasonable accommodation.

Although, you may be able to work from home as a reasonable accommodation, even if you can’t come to work due to a disability. Remember, if you need a reasonable accommodation, ask your employer.

You may also be able to get a reasonable accommodation if you need a change to your employer’s safety requirements or equipment because of a medical condition or a religious belief, practice, or observance.

For example, you might be able to get a different mask as a reasonable accommodation. Or, if you did not take a COVID-19 vaccine because of your disability or religious belief, practice, or observance, you might be able to get an exception to your employer’s vaccination requirement, and instead ask to use masks, social distancing, schedule changes, or reassignment to stay safe at work.

For more information about your EEO rights, call us at 404-724-0000 and schedule a consultation with one of our experienced attorneys today!

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

Back to Blog

what our clients are saying

“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.

“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.

“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.

“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.