Can Employers Require Employees to Receive a COVID-19 Vaccine or Show Proof They Received One?

Question 2 of a series of four burning coronavirus-related legal questions for 2021: Can Employers Require Employees to Receive a COVID-19 Vaccine or Show Proof They Received One?

Yes. EEOC’s recent guidance and the employer’s requirement under OSHA to ensure a safe and healthy work environment allows employers to do so.  

While you can ask if they have received a vaccine, you cannot ask why they have not received one.  Doing so might elicit information about a disability that would not be allowed under ADA.  Employers may require vaccinations for employees who indicated an inability to receive a vaccination due to a disability; the employer would need to show that the unvaccinated employee would pose a significant risk of harm to others and that such risk cannot be eliminated or reduced by reasonable accommodation.

Similarly, employers must provide reasonable accommodations to employees who decline due to a sincerely held religious belief.

Another alternative to requiring employees to get the COVID-19 vaccine might be to offer incentives, such as bonuses or discounts on health insurance.

If you need help navigating the legal aspects of the coronavirus and its effects on your workforce, contact us.