Can You Require Your Employees to Get the COVID-19 Vaccine?

With the anticipated decision from the FDA expected to be issued this week, many employers are wondering if they can mandate that their employees get the newly approved coronavirus vaccine. The short answer is “Probably yes.”

Mandating vaccines is not a new concept. For instance, when was the last time you heard of someone catching smallpox?

But it’s not as easy as simply issuing a blanket order. While a blanket order would be good from the standpoint that it would not be discriminatory on the basis of gender, race and disability, it might leave others in the lurch. For instance, what about religious objections or other issues? A blanket order may still violate provisions of the Title VII of the Civil Rights Act. The EEOC has weighed in, giving some advice that will, no doubt, be updated as time marches on. OSHA has not weighed in yet, but it’s reasonable to expect some guidance from that corner as well.

If the employees are unionized, then the Collective Bargaining Agreement would come into play which changes the dynamics even further.

What’s an employer to do, then? The simple answer is that more flies will be attracted with honey than vinegar. Make getting vaccines easy for your employees. Set up vaccination days/clinics on-sight. Incentive employees to get vaccinated. Maybe a day off of work or a gift card? Or a raffle for a big prize? In the end, it’s likely that you’ll get a much higher compliance rate if you remove as many excuses as possible for the employees to resist getting vaccinated.

For more on this, click here.