As the end of the year nears, there’s more and more hope that a coronavirus vaccine may be available by early November. For offices looking to safely reopen, some employers and HR professionals may wonder whether or not they can require workers to participate in mandatory vaccinations. Is it legal, and what can employers do to safely reopen?
The New York Times reported on Sept. 2, 2020, that the CDC issued a letter to states to prepare for a COVID-19 vaccine by early November 2020. However, there is some debate on mass availability.
The CDC notified public health officials that if the vaccine continues to progress as expected, it would first be available to healthcare workers and high-risk groups. Meanwhile, a CNBC story reported that the federal government plans to have tens of millions of vaccine doses distributed by the end of 2020.
Yes, employers will probably be able to require workers to get a COVID-19 vaccine, though there are exceptions.
According to an article published by The National Law Review, private employers “likely have the legal right to require employees to obtain a COVID vaccine as a condition of employment.” As the authors point out, employers in high-risk industries have required workers to obtain annual flu vaccines for decades.
With that in mind, there are certain labor and civil rights laws that certain organizations must comply with regarding vaccinations. For example, given the existing protections afforded by ADA and Civil Rights Act legislation, an employee may be exempt from otherwise-mandatory vaccines.
The same National Law Review article points out additional exceptions and/or accommodations, which include:
Ultimately, every employer must determine whether to implement a mandatory COVID-19 vaccine policy for their team. In some cases—such as worksites where employees can safely socially distance during regular work duties—it may be more productive to encourage vaccination but not require it.
Mandatory vaccinations as a condition of employment may seem simple in concept, but several different pitfalls are present. Questions HR should consider include:
Employers should consider each of these and other factors when preparing for a vaccine to arrive this fall. For more coronavirus-related news, updates, and compliance guidance, go to blog.bernieportal.com.