on Monday, soon after Pfizer became the first candidate to receive emergency authorization in the US from the Food and Drug Administration, shortly followed by Moderna's vaccine.Business Insider spoke with six labor and employment lawyers about whether workplaces can make coronavirus vaccinations mandatory for their employees.Workers likely first want to know what exactly their employers can require of them.
Karla Grossenbacher, chair of Seyfarth Shaw's L&E practice in Washington, DC, said that employers would have to comply with the Americans with Disabilities Act . The ADA says that employers can require medical exams and vaccinations of employees under certain, specific conditions, like for healthcare workers, or if it poses a "direct threat" to the person if they are exempted, Grossenbacher said.
The EEOC, which enforces civil rights laws against workplace discrimination, has categorized COVID-19 as aThis designation allows employers to require temperature takes, masks, and social distancing.
Nathaniel Glasser, a partner at Epstein Becker Green, said his clients are asking if they can restrict employees from attending large gatherings, or if employees can be required to come into work if they feel it is unsafe. Thomas Wassel, a partner at the law firm Cullen and Dykman on Long Island, said that in many cases employees do have to come to work, but it depends on specific circumstances.
The Biden administration may also release more guidance or legislation on workplace safety, which could answer some of these questions. Each question also depends on the specifics of the vaccine and the employee's particular job, so many questions are impossible to answer this early.