March 1, 2021

Volume XI, Number 60

Mandatory or Voluntary Workplace Vaccination — Guidance for Employers

As the coronavirus vaccines are deployed, employers considering workplace vaccination programs are seeking legal guidance for the contours of such programs. On December 16, the EEOC updated its guidance regarding vaccination in the workplace and outlined the permissible scope of mandatory workplace vaccination programs. While the guidance has neither the force nor application of a statute or regulation, it provides a compelling structure for a legally compliant workplace vaccination program.

Implementing a workplace vaccination program requires an understanding of how the coronavirus vaccines provide protection — and the limits of that protection. Employers should also understand the “Emergency Use Authorization” process and whether newly authorized at-home COVID-19 test kits would be considered “medical tests” subject to the Americans with Disabilities Act.