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Employers cautiously weigh whether to mandate vaccines

August 2021 employment law letter
Authors: 
Gary S. Fealk, Bodman PLC

To mandate or not to mandate COVID-19 vaccines—that’s the pressing issue Michigan employers and others are confronting. Overall, many are still cautious about requiring the shots, and rightfully so.

Legal and practical hurdles

You can generally require employees to get the shots and show proof of vaccination as a condition of employment without violating any civil rights laws. Keep in mind, however, you’ll need to engage in the interactive process and reasonably accommodate employees who can’t be vaccinated because of a disability, which could even include a mental disability triggering anxiety over the vaccines. Also, you must reasonably accommodate employees with religious objections.

Many Michigan employers are also concerned whether mandating the vaccines will result in large numbers of employees seeking remote work arrangements or pursuing employment elsewhere.

Mandates prevalent in healthcare settings, universities

One sector where COVID-19 vaccine mandates are common is the healthcare industry. For example, according to recent news reports, Trinity Health (based in Livonia, Michigan) has mandated the vaccines and, to date, is the largest U.S. healthcare provider to do so.

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