Voluntary or mandatory COVID-19 vaccinations? You be the judge

Employers are weighing whether to require or simply encourage employees to get the COVID-19 vaccine when it becomes more readily available. Here are some pros and cons to consider.

Make shots mandatory

Employers may want to implement a mandatory vaccination program to reduce the risk of absenteeism and exposure to third parties, such as customers and patients. Employers generally have the right to do so.

Legal considerations. Legal exceptions to mandatory vaccinations can arise under both the American with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 (for religious accommodations). Under the ADA, if an employee has a medical basis for refusing to get the vaccine, you may confirm the reason and then consider a reasonable accommodation. The possibilities include allowing the individual to wear personal protective equipment (PPE) or determining if telework is appropriate. Ultimately, if an accommodation cannot occur, you may suspend or separate the employee.

Under Title VII, you may ask employees for confirmation of their religious belief, practice, or observance that precludes them from taking the vaccine. Note, however, the religious belief doesn’t have to be associated with an organized religion—it need only be sincerely held and religious in nature. Then you would consider a reasonable accommodation, as under the ADA.

In both situations, the accommodation doesn’t require you to create or find a job at the same pay rate. It may pay less.