Ringing in the new year with a vaccination

At the beginning of the pandemic, most experts felt the COVID-19- damaged economy wouldn't fully recover until 70 percent or so of the population was vaccinated or had otherwise achieved herd immunity. So, an unprecedented push was made to get an effective vaccine in place. Now, the effort seems to have produced two or more effective vaccines that are ready for deployment. With this good news comes some practical questions for employers. Can you require your workforce to get vaccinated? What about those who refuse? What is your exposure for requiring vaccinations? What is your exposure for not requiring vaccinations? Read on to understand the basics of vaccinations in the workplace.

EEOC vaccination guidance

COVID-19 is not the first pandemic to hit the United States. Previous examples include the so-called Spanish Flu of 1918, the 2003 SARS outbreak, and the 2009 H1N1 flu. Due to the mortality concerns and ease of transmission, the Equal Employment Opportunity Commission (EEOC) has consistently viewed such viruses as posing a "direct threat" within the workplace. The direct threat rationale allows employers to ask more intrusive questions and require compliance that normally would violate the Americans with Disabilities Act (ADA).

With respect to vaccinations in the workplace, the EEOC's guidance in Pandemic Preparedness in the Workplace and the Americans with Disabilities Act, which was updated for COVID-19, provides: