The trending question from our clients, should I mandate a Covid-19 Vaccine?

COVID-19 vaccine

By Nicole Sandage, Manager of HR Virtual Services

A bright spot in the battle against COVID-19 this week as the first COVID vaccines have started to be administered across the country. Although it will likely be a few more months before the vaccine is available for the general population, many employers as well as many employees are wondering, can an employer require the vaccine?  The short answer to that question today is likely yes with an accommodations process.  The long answer is that although all employers desire to get back to business and return employees to work as it was pre-COVID; most certainly, sooner rather than later, there are several factors that employers should consider when deciding whether to require the COVID vaccine.

For employers that are weighing whether they can mandate the vaccine, there are some legal factors to consider.  These include the EEOC, Title VII, ADA, OSHA, and state or local regulatory bodies. If we look back in our history, in general employers have been able to require vaccines subject to accommodations and if the need for the vaccine is job related and consistent with business necessity. For example, think of Flu vaccines in a healthcare workplace. Accommodations that need to be considered include those for disability and/or medical reasons and closely held religious beliefs.  Employers requiring a vaccine should have a process by which employees can request an accommodation and a process by which employers review the request to determine if an accommodation can be made. This should be standardized to prevent speculation that the process is not consistent and standard.

Although employers may likely be able to require the vaccine, the real question may be should an employer require it?  When weighing whether they should mandate the vaccine employers should consider the impact a vaccine mandate could potentially have on the relationship with their employees and the morale of their workforce. Other aspects to consider are where you do business, how your business operates, and what alternatives are available to continue to promote a safe work environment (telework, facemasks, social distancing, modification of duties or assignments, etc.). Many employers may want to consider encouraging the vaccine versus requiring it.

Currently, the full picture on the COVID vaccine rollout is still coming together and is anticipated to become a lot clearer over the next few months as more information becomes available and as federal, state, and local authorities and agencies provide further insight and guidance. Similar to the aspects of COVID that workplaces have worked through together to date, employers should continue to communicate with employees and be honest and transparent on the COVID vaccine, sharing resources and information with employees. It is suggested that you relay information from benefits providers as they will have current materials for distribution. As you continue to navigate COVID decisions in your business know that our HRBOOST® team is here to help.