Your Employer Can Mandate COVID-19 Vaccination

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Updated: June 4, 2021

Originally Published: June 4, 2021

Last year, businesses across the country grappled with shutdowns as we tried to manage the pandemic. Some advocated for state-mandated closures, while others protested for basic services like haircuts. As the nation gradually reopened, mask-wearing became a contentious issue for many, who argued that requiring face coverings infringed upon their personal freedoms.

Now, as vaccine distribution progresses and eligibility expands to all adults and children over 12, the new challenge has emerged: workplace vaccine mandates. Many individuals are outraged that, after enduring such a difficult crisis, their employers are insisting, “We need to prevent another outbreak; you need to get vaccinated.”

These individuals believe that vaccination should be a personal choice that cannot be imposed by their employers. However, it turns out that in many regions, employers can indeed require vaccinations. According to NPR, businesses have the legal authority to mandate COVID-19 vaccinations for employees returning to physical workspaces.

While there is no federal law mandating that employers must enforce vaccination requirements, there is also no law that prohibits them from doing so. Ultimately, the decision rests on private companies and the laws of individual states and localities.

NPR explains: “Under recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC), employers have the legal right to require vaccinations.” The EEOC clarifies that federal laws do not prevent employers from mandating vaccinations, provided they also offer reasonable accommodations for employees with disabilities or sincerely held religious beliefs.

For instance, the EEOC states that employers must accommodate those who cannot get vaccinated due to health concerns or religious beliefs but can also terminate employees who refuse the vaccine without a valid reason.

Given the challenges of the past year, it’s understandable that employers would take measures to protect their workforce from COVID-19. In fact, if my employer instituted a vaccine requirement, I would comply without hesitation.

Some companies have already put vaccine mandates into place. Delta Airlines, for instance, requires all new hires in the U.S. to provide proof of vaccination. United Airlines’ CEO has indicated a potential mandate for existing employees and encourages other businesses to do the same. Other companies, such as Saks, are requiring vaccinations for employees returning to the office.

Additionally, many long-term care facilities are enforcing mandates, prioritizing the health of their vulnerable residents. Aegis Living, a provider in the western U.S., has already indicated that it may terminate employees who refuse the vaccine, despite the potential loss of good staff.

Other employers are incentivizing vaccinations with benefits like paid time off, cash bonuses, and the option to work without a mask if vaccinated. These measures are being adopted across various industries as the vaccine proves to be an effective means of safeguarding health.

So, as more companies adopt these policies, don’t be surprised if your employer requires proof of vaccination before allowing you to return to work.

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In summary, while the debate over COVID-19 vaccine mandates continues, employers have the legal right to require vaccinations in many areas. As companies implement these policies, the focus remains on health and safety in the workplace.