New developments highlight unknowns about vaccines, evolving workplace rules

President Joe Biden has urged everyone to “stay vigilant” against COVID-19 even as more vaccines are being rolled out. The same applies to employers. Recent developments include an employee lawsuit challenging mandatory vaccinations, new guidance for vaccinated individuals from the U.S. Centers for Disease Control and Prevention (CDC), and a new enforcement program from the Occupational Safety and Health Administration (OSHA). All three updates emphasize the uncertainties employers will continue to face through the spring and summer.

First reported challenge to employer’s vaccine mandate

A New Mexico detention center employee has filed what appears to be the first lawsuit in the country directly challenging an employer’s right to require its workers to receive a COVID-19 vaccine. The lawsuit represents the hurdle employers will face in attempting to mandate employee vaccinations, particularly since the vaccines were granted only emergency use authorization (EUA) by the Food and Drug Administration (FDA) rather than formal approval, which requires a longer process. While clinical trial results and growing evidence show the various coronavirus vaccines are highly effective at preventing death or serious illness, the EUA approvals mean they are still experimental, which raises the risk of challenges.