Mandatory or Voluntary Workplace Vaccination – Guidance for Employers

As the coronavirus vaccines are deployed, employers considering workplace vaccination programs are seeking legal guidance for the contours of such programs. On December 16, the EEOC updated its guidance regarding vaccination in the workplace and outlined the permissible scope of mandatory workplace vaccination programs. While the guidance has neither the force nor application of a statute or regulation, it provides a compelling structure for a legally compliant workplace vaccination program.

Implementing a workplace vaccination program requires an understanding of how the coronavirus vaccines provide protection — and the limits of that protection. Employers should also understand the “Emergency Use Authorization” process and whether newly authorized at-home COVID-19 test kits would be considered “medical tests” subject to the Americans with Disabilities Act.

Please join Mintz’s Employment, Labor & Benefits and Health Law attorneys and noted immunologist Dr. Darryl Carter for a webinar to discuss key takeaways from the EEOC’s recently updated vaccination guidance and other COVID-19–related workplace questions, including:

Expert Analysis

• What is an mRNA vaccine? How were the two vaccines authorized for use, and what is known and not yet known about how they work?

Regulatory Considerations

• What is the scope of the EUA vaccine and home testing process? What can we expect in the near future?

Legal Guideposts for Employers

• The basic contours of a legally compliant workplace vaccination program.
• The importance of qualified and trained personnel to administer and manage accommodation requests;
• The need for compliant recordkeeping with respect to medical information that might be obtained in connection with such a program; and
• The importance of individualized assessment for employees who refuse to take a vaccination, and the flexibility to accommodate such employees based upon their positions, job duties, and functions in order to balance the “direct threat” and “undue hardship” standards.