Employers weighing whether to mandate COVID-19 vaccinations
A limited supply of COVID-19 vaccine will become available before the end of 2020. While that is good news for those of us who look forward to returning to our favorite prepandemic activities, it presents difficult questions for employers: Can you require employees to be vaccinated? Should you do so? Like most things in 2020, the answer isn't easy.
So far, agencies haven't prohibited vaccine mandate
To date, neither the Equal Employment Opportunity Commission (EEOC) nor the Occupational Safety and Health Administration (OSHA) has published specific guidance on the hypothetical question of whether an employer may legally mandate COVID-19 vaccinations. Generally, subject to contrary state or local law, an employer may implement a mandatory influenza (or flu) vaccination policy as long as it's job-related and provides exemptions based on an employee's (1) disability covered by the Americans with Disabilities Act (ADA) or (2) sincerely held religious beliefs protected by Title VII of the Civil Rights Act of 1964.
Although the EEOC has advised employers to encourage flu shots rather than require them, it hasn't prohibited them from mandating the vaccinations. Likewise, OSHA hasn't prohibited employers from doing so.
COVID likely meets ADA 'direct threat' standard