Getting to the point: what employers should know about COVID-19 vaccines

By late January 2021, two vaccines were authorized for emergency use by the Food and Drug Administration (FDA), and two more were nearing the end of clinical trials. Under the circumstances, many of you have been questioning whether you can require employees to be vaccinated and what legal considerations may exist. Here is a roundup of what you need to know.

Can we require employees to be vaccinated?

Yes, with some caveats. The Americans with Disabilities Act (ADA) generally imposes restrictions on medical inquires and examinations. The Equal Employment Opportunity Commission (EEOC) recently issued guidance, however, seemingly indicating you can require employees to be vaccinated. Be prepared to respond to employees who can’t get access to the vaccine or refuse to take it, which could raise various issues.

Before mandating the vaccine, you should consider its availability as well as potential implications under the ADA, Title II of the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act of 1964.

Is vaccine available to my workforce?

As of January 14, states were charged with distributing the vaccine. Most have been relying on U.S. Centers for Disease Control and Prevention (CDC) guidelines to decide who has access to the limited vaccines and when. Consult your state public health information to determine the vaccine’s availability for your workforce.