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ARTICLE · 17 DECEMBER 2020

Mandatory COVID Vaccines? Not So Fast.

Constangy, Brooks, Smith & Prophete, LLP
Explore more from Constangy, Brooks, Smith & Prophete, LLP

First, there is no controlling legal authority on the subject.

United StatesEmployment and HR
William A. Blue, Jr.
William A. Blue, Jr.

Employers, proceed with caution.

The New York Times published an essay on Saturday in which the writer asserted, as a blanket statement, that employers may mandate vaccinations as a condition of employment. This is simply wrong.

First, there is no controlling legal authority on the subject. None. The Equal Employment Opportunity Commission has issued pandemic-related "guidance" that does not have the force of law. The EEOC has yet to issue even "guidance" on mandatory COVID vaccines. And the EEOC's position on mandatory flu vaccines has been that employers must "accommodate" employee assertions that vaccination would be inconsistent with a claimed disability or religious belief. 

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