Employers are already considering their next steps — and are turning to attorneys for legal advice.
"They all want to make sure they're taking care of their workforce," he explained. "They want to protect their biggest asset: not the product, but the people." That said, employers must also meet one of the standards under the Americans with Disabilities Act, according to Karla Grossenbacher, chair of Seyfarth Shaw's L&E practice in Washington, DC.
Though the EEOC previously issued guidance on the flu vaccine, recommending that employers simply recommend that employees get vaccinated rather than requiring it, the "direct threat" standard and the severity of the COVID-19 pandemic may change that, depending on what we end up learning about the vaccines, said Grossenbacher.
In many cases, he said, employees must come to work, although he noted that federal and state laws created new rules around sickness leave and caretaking leave that cover many employers.