Employers have no plans to mandate vaccines

As vaccines roll out, deciding whether or not to require employees be inoculated is a growing question for employers eager to move forward with reopening plans.

However, the vast majority of employers have no plans to enforce vaccine mandates, according to a survey by law firm Littler Mendelson. Less than 1% of employers have a vaccine mandate in place currently, and just 6% plan to implement one once vaccines are more readily available.

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While safety is a top concern for employers, establishing a mandate would be a blow to company culture, the survey found. Sixty-seven percent of employers believe mandating a vaccine would have a negative impact on employee morale, and 79% are concerned with resistance from employees as reasons they don’t plan to mandate them.

“It’s a telling sign that employers’ top two concerns with requiring vaccination are not legal or liability issues, but rather focus on the personal perspective of employees and the potential impact on company culture,” Barry Hartstein, leader of Littler’s COVID-19 Vaccination Working Group, said in a statement. “It’s not surprising that most [employers] are currently planning to encourage, rather than mandate, immunization.”

Currently, 10% of the U.S. population has been vaccinated against COVID-19, according to the Centers for Disease Control and Prevention. Just half of Americans feel “very certain” they will get the vaccine, the CDC found.

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“People have very strong beliefs about vaccinations and COVID-19 in general,” says Robin Samuel, a partner at Baker & McKenzie law firm. “Employers are stuck between a rock and a hard place trying to figure out how to do this lawfully and most of our clients are taking a wait and see approach.”

Just half of employees believe their employer should require a COVID-19 vaccine before allowing employees to return to work, according to Eagle Hill Consulting. Employees are on board with employers enforcing other safety precautions: 40% said employers should enforce social distancing guidelines, and more than half of employees think their employer should enforce wearing masks in the workplace.

Many employers are putting off return-to-work plans entirely and are instead focusing on maximizing productivity through remote work. The Littler survey found that 49% of employers plan to work remotely through the summer and 37% plan to make in-person work voluntary. Employers including Facebook and Slack have indicated plans to have their workforce work remotely indefinitely.

For offices that do plan to reopen, 75% say there is concern over providing proper accommodations for those who are not vaccinated, the Littler survey found. Safety precautions like frequent testing, temperature checks, mask wearing and social distancing are expected to be a way of life.

“It's the employer's obligation to ensure that the workplace is safe,” Samuels says. “An employer may not require vaccinations, but they should take additional measures to make sure workers are protected.”