Vaccinated workplace is a happy workplace, right? Not always

Employers have met the approval of two—and potentially more—COVID-19 vaccines by the federal Food and Drug Administration (FDA) with optimism that their coronavirus-related, safe-workplace woes are at long last coming to an end. Although there's cause for hope, you should beware of the legal pitfalls of mandating a vaccination program for your workforce.

Can we mandate the vaccine?

With the impending likelihood a COVID-19 vaccine will soon become available to essential workers and the general public, many employers are considering implementing a mandatory vaccination program for employees. For some, a mandatory program may be attractive because it could finally signal the end of exhaustive and costly workplace safety measures. For others, it's the positive marketing effects that a fully vaccinated workforce could have on the public's perception of their business.

Although these—and other motivations—are both real and legitimate, implementing a mandatory vaccination program requires you to ensure your program doesn't run afoul of Title VII of the Civil Rights Act of 1964 and other state and federal antidiscrimination laws.

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC)—the entity charged with oversight of most federal antidiscrimination employment laws—issued new guidance related to mandatory COVID-19 vaccination programs. As part of the guidance, the agency advised employers cannot mandate a worker receive a COVID-19 vaccine if: