by Cara Nicklas
One of the most common COVID-19-related question we are receiving is whether an employer may mandate its employees receive a COVID-19 vaccination. The legal issues related to this question depend on different variables. Answers regarding the legality of mandatory vaccination policies seem to be evolving as the courts continue to address the issues. Generally speaking, a private employer may require its employees receive certain vaccinations as a condition of employment as long as certain exceptions are allowed by the employer. These exceptions are religious exceptions under Title VII of the Civil Rights Act (Title VII) and medical exceptions under the American with Disabilities Act (ADA).
Whether public employers may mandate vaccinations and whether the President of the United States may use executive powers to mandate employer require its employees be vaccinated is even more uncertain.
Our attorneys will continue to monitor the legal aspects of the COVID-19 vaccine. We are available to assist employers with COVID-related policies and practices. We are also available to assist employees who are navigating threats of losing a job due to vaccine mandates.
