Five pharmaceutical companies are in final stages of accelerated
clinical studies for a coronavirus (COVID-19) vaccine. At this
time, there is no reliable estimate regarding when any of these
vaccine candidates will be approved by the FDA for emergency use,
let alone available for general distribution. In the meantime,
employers are already asking whether it will be lawful to establish
mandatory vaccination policies for their employees.
Health care employers have considerable experience in
establishing and enforcing mandatory flu vaccine policies for their
employees. Unfortunately, a number of health care employers have
been sued by their employees regarding these policies. Employees
have claimed that mandatory vaccine policies can result in
religious discrimination in violation of Title VII of the Civil
Rights Act of 1964. They have also claimed that such policies can
result in disability discrimination in violation of the Americans
with Disabilities Act.
