Hawaii employers weigh whether to mandate COVID-19 vaccines

The spike in COVID-19 cases and the spread of the delta variant have led more companies to consider or impose vaccine mandates, which begs the question: Can you legally require your employees to get the shots? The short answer to the question is likely “yes” but with certain limitations.

How we got here

Disney, Walmart, Facebook, and Google are among the growing number of companies requiring certain workers to get vaccinated for COVID-19 before returning to their facilities. In the Aloha State, the Bank of Hawaii, Hawaiian Electric Company, Hawaiian Airlines, and most major hospitals have imposed vaccine mandates on their employees.

Federal and state governments are also implementing COVID-19 vaccine policies. In July, President Joe Biden announced federal civilian workers and on-site federal contractors will be required to show proof of vaccination or agree to recurrent testing and safety protocols. Similarly, Governor David Y. Ige announced all state workers would need to take the shots or undergo weekly testing.

EEOC guidance

The Equal Employment Opportunity Commission (EEOC) has issued guidance on whether employers can require vaccines for employees. Although the guidelines don’t carry the force of law, they provide welcomed clarity for employers during a chaotic time.