to show that those inquiries are " job-related and con- ADA's " direct threat " analysis. The ADA allows an em- sistent with business necessity. " The EEOC also does ployer to have a qualification standard that includes " a not view requiring an employee to provide proof of vaccination to be a " disability-related inquiry, " although following-up questions by the employer could be " disability-related inquiries. " The ADA further prohibits employers from discriminating against employees with qualifying disabili- The ADA requires employers who make " disability-related or safety of individuals in the workplace. " If a safety-based qualification standard, such as a vaccination requirement, screens out or tends to screen out an individual with a dis- those inquiries are an unvaccinated employee would " job-related and icant risk of substantial harm to the consistent with others that cannot be eliminated or sonably accommodate employees with qualifying disabilities. In the may require employers to reason- not pose a direct threat to the health inquiries " to show that ties and requires employers to rea- COVID-19 vaccination context, this requirement that an individual shall business necessity. " ably accommodate employees with ability, the employer must show that pose a direct threat due to a " signifhealth or safety of the individual or reduced by reasonable accommodation. " This requires the employer to engage in a multifactor analysis qualifying disabilities that prevent them from getting to assess the risk level that will depend on the facts the vaccine. One exception to this general rule is the relating to the employer and the employee. JANUARY FEBRUARY 2021 || FIXED OPS MAGAZINE 21