PileDriver magazine - Attorneys examine COVID-19 vax in workplace

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]


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