People Management & HR

Can employers legally mandate COVID-19 vaccines?

  • 3 min Read
  • September 1, 2021

Author

Neha De
Neha De

Neha De is a writer and editor with more than 13 years of experience. She has worked on a variety of genres and platforms, including books, magazine articles, blog posts and website copy. She is passionate about producing clear and concise content that is engaging and informative. In her spare time, Neha enjoys dancing, running and spending time with her family.

Table of Contents

Update Jan. 14, 2022:The Supreme Court today blocked the Biden administration’s COVID-19 vaccine-or-test requirement for businesses with at least 100 workers but allowed a similar requirement for health care workers at facilities receiving federal funding to stand.


Vaccines for the coronavirus have been widely available in the U.S. (and the rest of the world) for a while now and have also proven highly effective in controlling the spread of the virus as well as its variants. But the COVID-19 pandemic continues to rage, especially among unvaccinated people. 


In order to increase vaccination rates, government officials as well as businesses across the U.S. have tried different approaches, from stressing personal responsibility and launching incentive programs to deploying mobile vaccination units and coordinating with corporate and community partners to encourage vaccine uptake. However, there is still a large segment of the American population that declines to be vaccinated. 


This has caused employers to worry not just about the welfare of their staff members and customers but also about potential business interruption.  So far, most businesses have encouraged their employees to get vaccinated or comply with a painstaking regimen of testing, practicing physical distancing and wearing masks.  


Can employers require staff members to be vaccinated against COVID-19?



As the vaccines for COVID-19 become readily available, an increasing number of employers are asking if they can require workers to get vaccinated — even more so now that the FDA has granted Pfizer-BioNTech vaccine full approval — and what they can do if employees refuse. 


According to the Equal Employment Opportunity Commission, the answer is yes. Businesses can encourage or (now) mandate COVID-19 vaccinations as long as their policies fall in line with the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964 and other EEOC considerations.


For mandating COVID-19 vaccine, four key standards apply under federal law:


1. A compulsory workplace vaccination program must meet standards under the ADA of being “consistent with business necessity” and “job related.” This requires making a resolution about the threat to safety posed by unvaccinated staff members. The resolution will depend on facts and circumstances that involve the job and workplace. For instance, whether personnel need to be indoors or outdoors for work, as well as the duration and frequency of an unvaccinated worker’s interaction with other staff members. The resolution must also take into account the latest medical knowledge about COVID-19, such as the level of community spread and the like.


2. Under the ADA, businesses are typically required to provide reasonable accommodations for workers who, due to a disability (including pregnancy) do not get vaccinated against COVID-19. 


3. Under Title VII of the Civil Rights Act, appropriate accommodations are also needed for employees who do not comply based on sincere religious grounds.  However, if an unvaccinated worker could pose a safety threat, the employer should assess whether a reasonable accommodation could eliminate or reduce that threat.



Business owners cannot mandate vaccines if it leads to employees being treated differently, such as, on the basis of color, race, religion, age, sex, national origin or any genetic information.



4. Employers are allowed to ask employees about their vaccine status or call for the proof of vaccination. The ADA prevents business owners from making disability-related inquiries. However, according to EEOC guidelines, inquiring about COVID-19 vaccination status is not a disability-related inquiry under the ADA, because there are myriad reasons why individuals might not be vaccinated. 

Talk to our team today to learn how Escalon can help take your company to the next level.

  • Expertise you can trust

    Our team is made up of seasoned professionals who bring years of industry experience to the table. You gain a trusted advisor who understands your business inside out.

  • Quality and consistency

    Say goodbye to the hassles of hiring, training and managing in-house finance teams. You will never have to worry about unexpected leave of absence or retraining new employees.

  • Scalability and Flexibility

    Whether you’re a small business or a global powerhouse, our solutions scale with your needs. We eliminate inefficiencies, reduce costs and help you focus on growing your business.

Contact Us Today!

Tap into the latest insights from experts in your industry

Accounting & Finance

CFO vs Controller: How Startups Can Benefit from Both

CFO vs Controller: How Startups Can Benefit from Both  As companies grow, managing finances and accounting becomes increasingly important. A...

Read More
Small Businesses

The ROI of Outsourcing Business Services: How to Measure Your Investment’s Impact 

The ROI of Outsourcing Business Services: How to Measure Your Investment’s Impact  In a world where every dollar must count,...

Read More
People Management & HR

2025 Employment Law Updates: What to Know

As we step into 2025, businesses across the country face several important updates in labor laws and employee benefits. Staying...

Read More
Startups

5 Signs Your Startup Needs an Outsourced CFO  

5 Signs Your Startup Needs an Outsourced CFO   Startups often operate with lean teams, but as they grow, financial complexity...

Read More
Leadership & Growth

CG Startups: How to Keep Costs Low While Scaling Operations 

Consumer Goods Startups: How to Keep Costs Low While Scaling Operations  Scaling a consumer goods startup requires a careful balancing...

Read More
Press Releases

Escalon Expands Its Reach: Full Stack Finance and Early Growth Join Forces with Industry Leader 

Escalon Expands Its Reach: Full Stack Finance and Early Growth Join Forces with Industry Leader  In a strategic move that...

Read More
Taxes

Delaware Annual Review: What Series A-C Startups Must Know to Stay Compliant 

Delaware Annual Review: What Series A-C Startups Must Know to Stay Compliant  For startups incorporated in Delaware, staying compliant is...

Read More
Taxes

Tax Planning for Startups: Preparing for Your First Tax Filing

Tax Planning for Startups: Preparing for Your First Tax Filing as a Growing Business  For many startups, the first major...

Read More
Taxes

Unlock Tax Savings with the R&D Tax Credit

As a startup, managing cash flow and minimizing expenses are critical to your business's survival and growth. One often-overlooked opportunity...

Read More