March 2, 2021
Potential Legal Issues Raised by Employer-Mandated COVID-19 Vaccinations
Many employers are determining how to reopen their physical worksites safely.
As vaccinations against Coronavirus Disease 2019 (COVID-19) become more widely available, many employers are determining how to reopen their physical worksites safely.
Employers may be asking as part of this planning process whether they may require employees to receive a COVID-19 vaccination as a condition of returning to work. In general, employers have discretion to fix and enforce terms of employment, including safety qualifications. This discretion is subject, however, to application of anti-discrimination and labor laws, contractual obligations, and other regulations.
This alert discusses recent federal guidance on these topics, and other legal issues that mandatory vaccinations potentially implicate.