Pros and cons of requiring COVID-19 vaccinations

The long-awaited COVID-19 vaccine’s arrival has provided a ray of sunshine for employers hoping for a better 2021. But it also raised a slew of questions: How long until my workforce has access to it? Can I require all employees to be vaccinated? What if an individual worker refuses? Let’s look at the reasoning behind vaccination mandates and the potential pitfalls for employers seeking to enforce them.

Can you require employees to get vaccinated?

Generally, yes. You can require vaccinations if they’re (1) job-related and consistent with business necessity or (2) justified by a direct threat. Certain exceptions may apply if the mandate would violate an employee’s genuine religious beliefs under Title VII of the Civil Rights Act of 1964 or require an accommodation for the individual’s disability under the Americans with Disabilities Act (ADA). The inquiries are very fact-specific, and you should consult an attorney to determine if a mandate would be appropriate for your business and identify any exceptions that might apply.

Though the COVID-19 vaccine is unique in both its type and speed of release, a look at influenza vaccine policies can be instructive. According to a 2017 survey, less than 45% of individuals ages 19 and older received a flu vaccination. The number was somewhat higher for adults with high-risk conditions (60%) and people 65 and older (68%). Since more than 50% of the adult population chooses to skip the shot, some large-scale employers have turned to mandatory flu vaccination policies in recent years to protect their employees and customer base.