Still not out of the pandemic ‘woods’ yet, but here’s what employers can do

On March 13, 2020, Delaware Governor John Carney declared a state of emergency in response to the emerging COVID-19 crisis. Some 15 months later, we’re still operating under a series of Executive Orders (more than 35) that have drastically altered the way we live and work. Under the latest state guidance, teleworking employees should continue to work from home unless there’s a “substantive change to business operations in Phase 2.” We’ve adapted to the orders and the changes at a dizzying rate, but we’re not out of the woods yet. There will be new challenges to address as we emerge from the remote work environment.

Pros and cons of vaccine mandates

With a return to normal operations tantalizingly close, many businesses are considering a vaccine requirement as a condition of continued employment. Experts remain divided, however, about the legality of the approach, particularly while the U.S. Food and Drug Administration has permitted only three vaccines under limited emergency use authorization (EUA).

The U.S. Equal Employment Opportunity Commission (EEOC) has made clear vaccine mandates don’t violate federal antidiscrimination laws, so long as employers make reasonable accommodations for medical and religious restrictions against vaccination. But state and local common laws also must be considered.