COVID-19 vaccine is here! Weighing whether to require it at work

When a few designated healthcare workers received the first COVID-19 vaccine in Nevada, it was an historic moment for the state. While widespread vaccination is still months away (if not longer), the vaccine represents a new frontier with respect to businesses’ efforts to comply with their legal obligation to provide a workplace free from recognized hazards. To date, state and federal occupational safety and health agencies haven’t required employers to maintain a vaccinated workforce. Even if they’re never mandated to do so, however, many are wondering if they’ll be allowed to require employees to become vaccinated as a condition of returning to the workplace.

EEOC’s new vaccine-related guidance

On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidelines confirming the agency’s view that employer-mandated vaccination generally doesn’t violate antidiscrimination laws, including the Americans with Disabilities Act (ADA). But, there are two important exceptions: When employees have a bona fide disability or a sincerely held religious belief that precludes them from becoming vaccinated, the employer cannot require them to become vaccinated as a term and condition of employment.

When employees refuse to become vaccinated for one of the above reasons, you shouldn’t proceed directly to terminating them. Instead, you must carefully analyze: