New Jersey has confirmed that employers can mandate their employees be vaccinated for COVID-19. This move aligns New Jersey with federal guidance previously issued by the Equal Employment Opportunity Commission (EEOC).
Consistent with federal guidance from the EEOC, the New Jersey guidance provides that employers may require employees to be vaccinated to be present on the worksite, however, employers must provide reasonable accommodations for employees who: (i) have a disability, (ii) have been advised not to get the vaccine while pregnant or breastfeeding, or (iii) who will not get the vaccine due to sincerely held religious beliefs. However, if no reasonable accommodation can be provided, an employer can enforce its policy of excluding unvaccinated employees from the workplace.
Importantly, the guidance also confirms that employers may request medical documentation to confirm a disability or medical condition. Employers should be sure to follow all state and federal requirements in requesting such information and must treat the information as confidential.