Tips for fine-tuning workplace vaccination policies during pandemic

With colder weather beginning to creep in, many employers are looking at their influenza vaccination policies with fresh eyes. COVID-19 and the seasonal flu share common symptoms, which can complicate your efforts to prevent their spread. With the nation’s healthcare system already stretched thin because of the coronavirus crisis, a potential flu outbreak could cause panic among workers and significantly affect your business operations. With those considerations in mind, you may be wondering if you can require employees to get a flu shot this year. And what happens when a coronavirus vaccine becomes available?

Can you require workers to get inoculated?

The short answer is a qualified yes, but the right to require shots and vaccinations isn’t absolute. For example, federal equal employment opportunity (EEO) laws categorically bar employers from applying a blanket rule requiring all employees to be vaccinated regardless of disability status or religious belief.

In other words, while you may require employees to get the flu shot (and a COVID-19 vaccination if and when one becomes available to the public), you may have to adjust the policy or excuse its application to certain individuals on disability or religious accommodation grounds. Both are discussed in more detail below.

Available exemptions

When putting your vaccination policies into practice, you should be mindful to avoid violating federal and state discrimination laws—in particular, the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964.