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OK, just a little pinprick: Considerations in mandatory vaccination policies

May 2020 employment law letter
Authors: 
Mark C. Dean, Steptoe & Johnson PLLC

Over the past several years, employers worried about the safety of employees and clients (especially during the annual flu season) have moved toward implementing vaccination policies in the workplace. At the time of this writing, the COVID-19 pandemic is rocking the world, demonstrating the far-reaching effects of a novel virus to which humans have no preexisting defenses at all. A full return to normal will likely require developing herd immunity (a form of indirect protection when a large enough percentage of a population has become immune to an infection to slow or stop its spread) to the virus either naturally or through a vaccine that may be developed by crash research currently underway.

Lessons learned from COVID-19 may lead employers to enact vaccination policies for the first time or to expand those already in place. Such a policy is not to be taken lightly, however—there are several legal issues to consider before, during, and after the implementation stage. If you have implemented, or may consider implementing, such a program, read on for tips to keep in mind.

Is a mandatory vaccination policy necessary?

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