Mandating the COVID Vaccine
Question: Can I as an employer require my employees to get a vaccine for COVID?
Answer: Yes, the EEOC recently advised that employers are within their rights to require a COVID vaccine as a condition of employment. (https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws) Employers must, however, provide reasonable accommodation for those who cannot take the vaccine due either to a medical condition or to a sincerely held religious belief as provided under the Americans with Disabilities Act and Title VII of the Civil Rights Act.
At this point, our recommendation to employers is to start with a positive, voluntary program before wading into the challenges posed by mandating the vaccine. Of course, we encourage employers to seek our advice or the advice of legal counsel before moving forward with a vaccination policy.