Arizona employers, be mindful of new statutes, administrative guidance on vaccine mandates

As the COVID-19 delta variant continues to surge and with full Food and Drug Administration (FDA) approval of the Pfizer vaccine, many employers are again thrust into uncertainty about how to maintain a safe workplace. As you seek the right path forward, be mindful of the August 20 opinion issued by the Arizona attorney general with respect to whether an Arizona employer may require a COVID-19 vaccine as a condition of employment. Long-standing state and federal laws, as well as legislation that took effect September 29, 2021, will affect your decisions.

New legislation doesn't mention private employers

Arizona lawmakers recently passed A.R.S. § 36-681, which prohibits the state "and any city, town or county of this state" from requiring "any person to be vaccinated for COVID-19." Similarly, the legislature enacted A.R.S. § 15-342.05(B), which states a "school district or charter school may not require a student or teacher to receive a vaccine for COVID-19." As previously noted, the statutes are effective September 29.

Conspicuously absent from the statutes is any requirement or prohibition with respect to a private employer's decision to mandate vaccinations as a condition of employment.

May you require employees to get COVID-19 vaccination?

Federal and Arizona law currently allows private employers and businesses to impose a vaccination requirement. But there are significant restrictions on your ability to do so: