Janie Schulman spoke to the Daily
Journal about the U.S. Equal Employment Opportunity
Commission's (EEOC) first set of guidelines on how employers
should deal with coronavirus vaccination, which confirmed
speculation that employers would be able to require employees to be
vaccinated against the virus, even in cases where a vaccine has
been made available under an emergency use authorization.
One of the challenges of navigating these rules is how they will
not apply to all workforces the same way, Janie said.
"Employers with unionized workforces will need to consider,
before they implement something like a vaccine mandate, whether or
not that mandate is...subject to bargaining with the union."
While employers with non-unionized workforces can more easily issue
a unilateral vaccine mandate, she said, it is not always clear what
kind of action employers can take against employees who refuse to
comply.
