Do's and don'ts for employers considering COVID-19 vaccine mandates

Two federal district courts and one appellate court recently upheld COVID-19 vaccine mandates. Before implementing one at your business, however, consider the pros and cons. For more details, read on.

Legal backing

Texas case. Some 117 employees challenged a Houston hospital's policy requiring them to receive a COVID-19 vaccine as a condition of ongoing employment. They claimed (1) workers were wrongfully terminated in violation of Texas law and (2) the vaccine mandate violated state public policy as well as the Food, Drug, and Cosmetic Act and other federal laws regarding human subjects in research.

Siding with the hospital, the district court cited Equal Employment Opportunity Commission (EEOC) guidance confirming employers may use vaccine mandates without violating the law. In a strong statement endorsing such policies, the court said the employees "can freely choose to accept or refuse a COVID-19 vaccine; however, if [they] refuse, [they] will simply need to work somewhere else." The losing side subsequently appealed the decision to the U.S. 5th Circuit Court of Appeals (which covers Texas, Louisiana, and Mississippi).

Indiana case. Eight students challenged Indiana University's policy requiring all students, staff, and faculty to get the COVID-19 vaccine before starting classes in August unless they qualified for a religious or medical exemption. If students qualified for the exemptions, they would have to wear a mask at all times and be subject to regular testing.