Can employers mandate workers be vaccinated before returning to work?

By Alyssa Place, This is my expertise
Published Updated 2 Min Read

Bloomberg News

With COVID-19 vaccines now being administered in the U.S., planning for a post-pandemic future could soon be a reality. As employers prepare to reopen offices, they have to consider whether they are going to require employees be vaccinated, and have the processes in place to support such a mandate.

“Protection is a must, not a nice to have,” says Gary Pearce, chief risk architect at Aclaimant, a workplace safety and risk management platform. “If you can’t demonstrate that you’re protecting your own people, you’re not going to be able to keep employees.”

It’s pretty clearly established that yes, [individual] employers can require mandatory vaccinations, as a matter of prior health crises and common law. There’ll be some industries where it’s going to be a mandate, like in healthcare, for example. But private employers generally can require their employees to be vaccinated.

There are some exceptions. If somebody has a medical condition that puts them at a reasonable risk, then you have to go through the traditional Americans with Disabilities Act dialogue of determining whether a reasonable accommodation can be provided or whether having to provide such an accommodation would constitute an undue hardship. The second big issue is that if you have somebody who has a bonafide religious objection, you have to take that into consideration. You might want to make an accommodation, but that obligation is not absolute.

Alyssa Place
Editor-in-chief

Alyssa Place is the editor-in-chief of Employee Benefit News and has been with the team since 2019. Her work covers mental health, DEI, women at work, financial wellness, retirement and workplace … Read full bio


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