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TOP FIVE FRIDAY!!! Covid-19 Vaccine – Employer Mandated?

Posted by Stephen B. Rotter | Dec 11, 2020

1. Nothing prevents employers from mandating the Covid-19 vaccine as a condition of employment, like flu shots-especially if Covid-19 is a “direct threat” to the workplace.

2. However, there is little court or legislative guidance on this issue, so there could be exposure for employers requiring Covid-19 emergency vaccinations at this time;

3. Like the flu shot, employees may seek a vaccine exemption if a reasonable accommodation is needed under the ADA or for religious beliefs - these require individualized analysis by employers.

4. The Covid-19 journey is bumpy for employers because of factors such as politics, workplace health and safety concerns, evolving scientific findings, personal beliefs, community values, and other considerations.

5. The best approach is to encourage employees to get the Covid-19 vaccination and to make it as accessible as possible (keeping in mind employee exemptions), but to also assess overall enforcement based on business necessity, company culture and values, applicable legislation, and the ever-changing impact of Covid-19 cases on the workplace and workforce.

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