COVID-19 Vaccines in the Workplace

Eight considerations for employers

By: Lisa Griffin-Hodgdon and Jason Lambert, Dinsmore & Shohl LLP
(Full article, originally published in PileDriver magazine, Issue #2-2020)

Three vaccines, one from Moderna Inc., one from Pfizer Inc., and one from Johnson & Johnson have been approved for emergency use in the U.S. by the Food and Drug Administration [as of February 2021], and there are other vaccines in late-stage clinical trial phases. Employers across the country are contemplating whether to mandate their employees receive the COVID-19 vaccine as a condition of employment and evaluating the risks associated with mandating or not mandating the vaccine.

On Dec. 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued new guidance to assist employers considering mandating COVID-19 vaccines. The guidance addressed some of the risks employers must weigh in evaluating a mandate. In particular, it warned employers their COVID-19 vaccination policy could be impacted by other EEOC laws, such as the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII) and the Genetic Information Nondiscrimination Act (GINA).

Below are common questions facing employers contemplating a COVID-19 vaccine requirement: [Click to keep reading]

Check out the latest issue of PileDriver magazine

The latest news and information for professionals in the pile driving industry is now available in the digital edition of PileDriver magazine, Issue 2 - 2021. Check out the cover story which details a major, coastal project just completed in Florida. Poseidon Dredge & Marine recalls its experiences building the new Daytona Beach Riverfront Park Seawall Replacement using composite sheet piles. Read the full story starting on Page 106.

Other highlights include an all-inclusive guide to the International Foundations Congress & Equipment Expo, or IFCEE-2021, coming up May 10-14 at the Hyatt Regency Downtown Dallas. Preview the more than 50 technical presentations, learn times for all PDCA standing committee meetings and see which of your friends will be onsite in either the indoor or outdoor exhibit areas. The full brochure starts on Page 43.

Norwalk Marine Contractors provides a fascinating account of a unique method it employed for foundation construction of a new condominium development in Connecticut. This technical story takes a deep-dive into the innovative construction method known as Timber Inclusion Systems, beginning on Page 102.

Past PDCA President Buck Darling brings a revealing commentary entitled Reputation Matters on Page 111. In it, the longtime president at Herbert F. Darling Engineering Contractors buttresses a narrative previously disseminated by Joe Hogan, CDT, VP of Building Services at AGCNYS.

On Page 115, Keller shares an in-depth look at its diversifying workforce through their story about a thriving employee resource group at Keller North America, designed exclusively to encourage women to build their careers with the geotechnical specialty contractor. Read KWIC Connections.

And a very timely, legal perspective is available on Page 120, it explores the pros and cons for employers to consider in regard to COVID-19 vaccinations for their employees. The authors Lisa Griffin Hodgdon and Jason Lambert are both partners in the Tampa, FL offices of Dinsmore & Shohl, LLP; they provide valuable guidance through eight different considerations for employers in COVID-19 - Vaccines in the Workplace.

Don't miss the Career Stories of John Skinner of Parker Marine Contracting Corp. and Wystan Carswell of Haley & Aldrich. You can also read Member Profiles on GeoQuip, JD Fields & Company, Koppers Utility & Industrial Products and SJL Consulting.  Several other regular sections are also all part of PileDriver magazine, Issue #2 - 2021; click here to read it now!