Can Employers in Sure Industries Require Covid Vaccines?

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Can Employers in Certain Industries Require Covid Vaccines?

With the spread of COVID vaccines around the world, employers in all industries in the US are trying to determine if they can require their employees to receive a vaccine when it becomes widely available.

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December
11, 2020

2 min read

This story originally appeared on ValueWalk

Elaine Turner is a shareholder in the national law firm Hall Estill who has practiced employment law in states in the United States for more than three decades. She says the requirement for mandatory vaccinations will come with some challenges.

Should employers prescribe COVID vaccines?

"The Equal Employment Opportunity Commission (EEOC) has not yet spoken about whether employers can require all workers to take a COVID-19 vaccine as soon as one becomes available. However, during the H1N1 public health crisis, the EEOC stopped noted that during a pandemic influenza, employers could not mandate that all workers take a flu vaccine, regardless of the workers' medical conditions and religious practice. The courts have considered similar issues related to mandatory vaccination guidelines for the flu and other diseases Federal law, the courts found that workers were not exempt from mandatory vaccination guidelines unless their health status rose to a disability under the ADA or their anti-vaccine philosophy was not a sincere religious belief. Courts that made claims under Bu Under the Act, Neither Did Employees Exempt Employees From Compulsory Vaccine Guidelines On When To Do It If Employers and Healthcare Providers whose Patients Suffered Employers and Healthcare Providers Suffered Unreasonable Hardship I would be at risk if exposed to employees with a contagious disease, "Turner says.

"While we wait for the EEOC and other government agencies to speak on this matter, employers should begin assessing whether their company is entitled to have a mandatory COVID-19 vaccine policy or just encourage employees to take the vaccine. Employers must consider that a mandatory vaccination policy is needed as a worker's ability to perform essential duties is impaired by COVID-19 or a worker is a direct threat from COVID-19. This is likely an easy decision for healthcare providers, but not so easy for other types of employers outside of the healthcare industry. Employers should also carefully review applicable state legal requirements. Many states have laws relating to vaccine requirements. There are a small number of other vaccines related to other vaccines States have allowed individuals such as school-age children to be exempted from mandatory vaccines that are based solely on their parents' personal beliefs or on the basis of the nature of the child ran, "Turner says.