Can an Employer Require an Employee to Receive a COVID 19 Vaccine?

Some reports have shown that less than half of nursing facility employees, first responders, and other essential employees are accepting the vaccine in the early rounds of distribution. Because of this, some medical providers are offering initiatives like free PTO, prizes, bonuses, and gift baskets to motivate their employees to voluntarily take the vaccine. Still, many employees are refusing. If this trend continues, the desire for certain employers to mandate vaccination will increase.

This leads to the question: can an employer require its employees to take the COVID vaccine? The answer is most likely.

In fact, the Equal Employment Opportunity Commission (“EEOC”) recently issued guidance providing that employer-mandated vaccines do not constitute “medical examinations” or otherwise violate the Americans with Disabilities Act (“ADA”). In addition, previous case law has provided that other mandated vaccines, such as the influenza vaccine, do not violate federal employment laws.

However, as with most things in law, this guidance is not absolute. For example, certain disabilities, such as specific allergies or other medical conditions, might excuse a particular employee from receiving the vaccine. In addition, employers should also realize that certain questions that a vaccine administrator must ask could constitute a “medical examination” that violates the ADA. Therefore, if an employer mandates the vaccine, it should really consider having a third-party medical provider administer the vaccine even if it could do so with its own personnel.

Simply stated, it seems very likely that employers can lawfully require COVID 19 vaccines. Nonetheless, if any employer chooses to do so, it should consult with an experienced employment attorney to ensure it does so lawfully. Likewise, employees should consult with an experienced employment attorney before refusing to take a vaccine at work. Otherwise, that employee may become unemployed.

Matt Miller-Novak, Esq.

Attorney at Law

Barron Peck Bennie & Schlemmer Co., LPA