Most employers have been encouraging vaccinations for some time now, and the list of employers requiring employees to be vaccinated against COVID-19 is growing. While mandatory workplace vaccination policies are generally legal under federal law, it is important that employers are clear on when exceptions must be made and how individual state laws may complicate these policies. 

One thing has been made exceptionally clear: the EEOC has no objection to mandatory workplace vaccine policies, as long as exemptions are provided to employees who have certain medical conditions or sincerely held religious beliefs that would prevent them from obtaining vaccinations. 

Although more employers and some local governments are moving toward mandatory vaccinations, the trend is not yet widespread. Most employers are still only encouraging vaccinations. However, it has quickly become industry best practice to modify in-office masking protocols in lockstep with updating CDC guidance. 

Should you be considering the implementation of a mandatory vaccine policy, it is important to weigh the business risks and benefits as well as ensure your policy is flexible enough to meet potential accommodation requirements.  

Interestingly, there are also risks associated with not requiring employees to be vaccinated. While worker’s compensation laws are likely to deny most claims filed by infected employees who are not vaccinated, it is possible that customers or frequent patrons of a business may sue the entity if its employee infects the patron. 

We encourage all clients to remain vigilant in paying close attention to emerging developments and evolving CDC guidance. Please reach out to your Client Experience Manager should you have any questions regarding COVID-19 in the workplace.