Covid-19 Vaccines and Workplace Challenges

Bloomberg Law December 2020

Nathaniel M. Glasser and Jennifer Barna, attorneys in the Employment, Labor & Workforce Management practice, co-authored an article in Bloomberg Law, titled “Covid-19 Vaccines and Workplace Challenges.”

Following is an excerpt (see below to download the full version in PDF format):

As Covid-19 vaccines become widely available, employers will face a critical set of challenges, ranging from whether they can—or will want to—mandate all or some employees get vaccinated, to what liability may attach to mandating vaccination, and even whether the Occupational Safety and Health Administration (OSHA) could require a vaccine program.

While uncommon, mandatory vaccination policies are not new. For example, many health-care employers have implemented mandatory flu vaccination programs to protect staff and patients. The size and scope of the current pandemic, coupled with the desire to swiftly return employees to the physical workplace, however, means that more employers across various industries will likely consider mandating that their employees receive a Covid-19 vaccine once one becomes available.

Employers need to stay ahead of workplace Covid-19 vaccine issues with awareness and planning, so they can adapt their policies to meet the moment. Following are several of the most common questions employers should be prepared to answer in considering Covid-19 vaccination programs.