State lawmakers push back against mandatory COVID-19 vaccinations in the workplace

Vaccinations are proceeding apace in Colorado and across the United States. But as workplaces get set to resume full in-office operations, there’s a movement to limit mandatory vaccination policies and employer consideration of vaccine status. A bill introduced in the Colorado Legislature during the 2021 session, House Bill (HB) 21-1191, failed on an 8-5 party-line vote in a committee hearing. But the Colorado bill and analogous proposals around the nation represent a vocal minority pushing back against mandatory vaccinations in the workplace. How employers handle the concerns is going to be critical in 2021 and beyond.

COVID-19 vaccine discrimination legislation across the country

Subject to religious and disability exceptions under federal antidiscrimination laws, employers may generally require employees to get vaccinated for COVID-19. Many states, following federal law, provide exceptions only for medical or religious reasons.

A movement is under way, however, in state capitols across the United States to prevent employers from implementing mandatory vaccination policies and protecting current employees and job candidates who refuse to comply. More than 85 such bills have been introduced during 2021 state legislative sessions. At least 19 states have bills currently pending that, if passed, would prohibit employers from requiring the COVID-19 vaccine or taking adverse action against employees who don’t get the shots: