COVID-19 Vaccines Are On The Horizon, Can Employers Mandate Them?
Highlights
New COVID-19 vaccines are likely to be approved by FDA for emergency use
Employers may decide to implement mandatory vaccination programs
Key considerations will be making reasonable accommodations under the ADA for employees with a disability or for religious beliefs under Title VII
Unionized employers must be aware of the possible duty to bargain any such program collective bargaining agreements
The COVID-19 data is bleak as the pandemic continues to rage across the United States. In November, the reported cases of COVID-19 across the country exceeded 4 million, doubling the record number of new infections set in October. Virtually every state experienced an upward trend in new cases in November, with the Midwest and rural areas being hit particularly hard, and hospitalizations are at record levels.
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