Employers reconsidering COVID-19 vaccine mandates
Many employers were planning to reopen this summer and fall without requiring employees to be fully vaccinated. Unfortunately, with a significant number of individuals refusing to get vaccinated and the rapid spread of the delta variant increasing COVID-19 cases and hospitalizations, employers are reconsidering vaccine mandates.
Why employers are rethinking shot requirement
A survey by Littler Mendelson in February found less than one percent of employers planned to require workers to be vaccinated. A more recent survey by Willis Towers Watson, however, discovered 28 percent of employers are requiring workers to be vaccinated or considering such a mandate.
Employers have been reluctant to require vaccinations as long as the vaccines have only emergency use authorization from the Federal Drug Administration. Instead of mandating the vaccine, many employers have encouraged and incentivized employees to become vaccinated. Recent guidance from the Equal Employment Opportunity Commission (EEOC) indicated:
- If employees are receiving vaccines from third-party providers, there are no limitations on what kinds of incentives the employer can provide.
- If employers are providing the vaccines, however, the incentives can't be so lucrative that it seems employees are being coerced to get the shots.
The EEOC's guidance also allows employers to require vaccines for employees returning to the office without violating federal discrimination laws such as the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).