Monday, December 7, 2020

Coronavirus Update 12-7-2020: Vaccines

We are days away from the FDA approving two different COVID-19 vaccines, and it is being reported that the first people could start receiving the vaccine as early as Friday.

While I covered the topic of employer-mandated vaccines earlier this year, I understand that everyone doesn't necessarily see or read every post I write. Thus, because of just how important this issue will quickly become for employers, today I'm directing you to my thoughts from three months ago: Coronavirus Update 9-1-2020: Vaccines — can an employer require them; should an employer require them?

The TL;DR: Employers can legally require that employees get vaccinated, subject to reasonable accommodation exceptions under the ADA for disabilities and under Title VII for sincerely held religious beliefs. But can doesn't necessarily mean should, and employers should be wary about requiring what employees do with their bodies; instead, employers should be strongly encouraging employees to get the COVID-19 vaccine when they qualify to do so.

* Photo by National Cancer Institute on Unsplash