Can employers require vaccination?

Answer: It's complicated.

The global COVID-19 pandemic is changing the way we work. With the possibility of a COVID-19 vaccine on the horizon, essential public services like utilities, public safety, and public health professionals will be faced with the question of voluntary or compulsory vaccination. Can employers require a COVID-19 vaccination for the workforce?

An employer in an at-will employment arrangement can probably require vaccination but this requirement will require an understanding of the potential risks to employers who require - and not simply encourage - vaccination.

Reasonable Accommodations

Employers can set reasonable health and safety work conditions with some limitations. Some of those limitations can be found in the federal Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964, according to guidance recently published by the U.S. Equal Employment Opportunity Commission (EEOC). The ADA protects employees with medical reasons and Title VII protects workers with religious beliefs that prevent them from taking vaccines. In those cases, employers may be required to provide reasonable accommodations. State law may provide additional protections.

Worker's Compensation Claims and Liability

Vaccines are not without risk. If employers require a vaccine, and harm to the employee results, this could form the basis of a worker's compensation claim or a claim for damages against the employer and the vaccine manufacturer.

Before any employer requires a vaccination as a condition of employment, the risks should be discussed with an experienced attorney. Employers who want to balance the risks and benefits should consult competent legal counsel in developing the policies that may need to be defended at some later point.

The McGuireWoods website and this article provide information of general interest to the public. The website and this post do not offer legal advice about specific situations or problems. You should consult a McGuireWoods lawyer if you have legal issues requiring attention. Nothing on this site creates an express or implied contract.

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