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COVID-19

Mandatory Vaccination Policies in the Workplace: A Delicate Balance

Strategic Insights

— 2 min read

As the COVID-19 vaccine becomes more widely available, employers are left to ponder whether they can require their employees to take the vaccine as a condition of employment. The U.S. Food and Drug Administration (FDA) advisory committee has recommended approval of the Pfizer COVID-19 vaccine under an Emergency Use Authorization (EUA), but the question of whether employers can mandate vaccinations remains uncertain. Employers who implement mandatory vaccination policies risk alienating employees who object to the vaccine due to concerns about side effects, health risks, or religious or personal beliefs. However, by understanding the nuances of workplace policies and the guidance provided by regulatory agencies, employers can navigate this complex issue and ensure a safe and healthy work environment.

Key Takeaways:

  • The FDA advisory committee has recommended approval of the Pfizer COVID-19 vaccine under an EUA, but the FDA has a lower efficacy standard for vaccines approved under an EUA.
  • Employers can expect to be permitted to mandate vaccinations, but must provide reasonable accommodations for employees who object to vaccination on the basis of a disability or sincerely held religious belief.
  • The EEOC has issued guidance on flu vaccinations, which suggests that they will likely issue similar guidance for the COVID-19 vaccine. [1]
  • Employers should consider factors such as workplace layout, employee interactions, and potential health risks when deciding whether to implement a mandatory vaccination policy.
  • Employers must be mindful of employees who may object to vaccination on the basis of a disability or sincerely held religious belief and provide reasonable accommodations.
  • Employers should consult with their attorney to navigate the complexities of workplace policies and ensure compliance with relevant laws and regulations.

Statistics:

  • The FDA has approved three COVID-19 vaccines under an EUA: Pfizer, Moderna, and J&J. [2]
  • The FDA has a lower efficacy standard for vaccines approved under an EUA; the standard is "may be effective" versus "effective" for approved medications. [3]
  • The EEOC has issued guidance on pandemic preparedness in the workplace, which includes information on reasonable accommodations and undue hardship. [1]
  • The CDC has provided guidance on COVID-19 vaccines, including information on immune response and side effects. [2]
  • The FDA has issued guidance on emergency use of medical products, including vaccines. [3]

Sources:

  • [1] https://www.eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-americans-disabilities-act
  • [2] https://www.cdc.gov/vaccines/acip/meetings/downloads/slides-2020-07/COVID-04-Fink-508.pdf
  • [3] https://www.fda.gov/regulatory-information/search-fda-guidance-documents/emergency-use-authorization-medical-products-and-related-authorities
  • [4] https://www.nysenate.gov/legislation/bills/2019/A11179

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