The CDC has recently recommended that employers appoint “vaccination ambassadors” to encourage employees to get vaccinated.  The EEOC has not commented on the CDC’s recommendation, but based on other pandemic-related guidance issued by the EEOC, employers should consider the employment risks associated with a vaccination ambassador.  These risks include the following:

  1. Vaccination ambassadors are also employees and are being encouraged by the CDC to share their vaccination experiences with other employees, who may be reluctant to get vaccinated. This is problematic for many reasons.  Employers should not be requiring any employee to disclose anything about their own medical condition, and discussions about vaccines could end up in that territory.  It’s one thing to say that the “shot doesn’t hurt,” but it’s another thing to get into concerns based on preexisting medical conditions (or religious beliefs), which may be the reason any given employee is not being vaccinated
  2. Employees may ask the vaccination ambassador about the effect of the vaccine on their own medical conditions or concerns. Unless the ambassador is a physician (and even then, it’s probably not a good idea), the ambassador should not be opining on side-effects or other consequences of taking the vaccine.

Other steps that the CDC is suggesting employers take to encourage vaccination make sense and do not present the same level of risk for employers.  For example, considering providing paid time off to employees to get vaccinated is probably a good idea, and generally it’s legal and appropriate to request a copy of a vaccination “receipt.”  Proof of vaccination must be treated like any other medical record – stored in a secure location separately from the employee’s file.

If appointing a vaccine ambassador is something your organization is considering, it’s critical that you address it with employment counsel to make sure that the proposed vaccination ambassador receives the right training, is familiar with health privacy issues, and understands federal and state laws governing disability and religious discrimination (including reasonable accommodations) to minimize the risks to your organization.  Employment counsel can also discuss alternatives to appointing a vaccine ambassador with you.

Tags: CDC, COVID-19, Covid-19 Vaccinations, EEOC, employment counsel, preexisting medical conditions, reasonable accommodations, religious discrimination, Vaccination Ambassador
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Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.

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