{"id":167,"date":"2020-11-17T08:47:31","date_gmt":"2020-11-17T13:47:31","guid":{"rendered":"https:\/\/www.apslaw.com\/on-the-job\/?p=167"},"modified":"2023-04-24T15:56:29","modified_gmt":"2023-04-24T19:56:29","slug":"can-employers-legally-require-employees-to-obtain-a-covid-19-vaccination-as-a-condition-of-employment","status":"publish","type":"post","link":"https:\/\/www.apslaw.com\/on-the-job\/2020\/11\/17\/can-employers-legally-require-employees-to-obtain-a-covid-19-vaccination-as-a-condition-of-employment\/","title":{"rendered":"Can Employers Legally Require Employees to Obtain a COVID-19 Vaccination as a Condition of Employment?"},"content":{"rendered":"

Several major pharmaceutical firms have been racing to develop a COVID-19 vaccine since the pandemic began.\u00a0 On November 9, 2020, Pfizer and BioNTech<\/strong><\/a> became the frontrunners, announcing that the early results of its clinical trials indicate that its COVID-19 vaccine is 90% effective at preventing the disease.\u00a0 Pfizer and BioNTech are now working to prepare the necessary safety and manufacturing data to submit to the Federal Drug Administration to demonstrate the safety and quality of the vaccine.\u00a0 If the FDA approves the vaccine, based on current projections, Pfizer and BioNTech expect to produce up to 50 million doses in 2020 and up to 1.3 billion doses in 2021.<\/p>\n

With a COVID-19 vaccine on the horizon, many businesses and organizations are now asking: Can employers mandate a COVID-19 vaccine as a condition of employment?\u00a0 The answer is: yes; private employers may legally require employees to obtain a COVID-19 vaccine as a condition of employment. \u00a0But an employer\u2019s right to do so is not unlimited.\u00a0 Employees may be exempt from a mandatory vaccination policy based on a qualifying disability under the Americans with Disabilities Act or a sincerely held religious belief under Title VII of the Civil Rights Act of 1964.<\/p>\n

The Americans with Disabilities Act<\/strong><\/p>\n

Employees with a qualifying disability under the ADA that prevents them from taking a vaccine may be entitled to an exemption from a mandatory vaccination policy.\u00a0 According to the EEOC, employers must provide reasonable accommodations to employees that are exempt from a mandatory vaccination policy based on an ADA disability, unless doing so would result in undue hardship.\u00a0 Under the ADA, an undue hardship means a \u201csignificant difficulty or expense\u201d when considered in light of the net cost of the accommodation, the employer\u2019s overall financial resources, and the impact of the accommodation on the employer\u2019s operation.<\/p>\n

Title VII of the Civil Rights Act of 1964<\/strong><\/p>\n

Employees may also be exempt from a mandatory vaccination policy under Title VII of the Civil Rights Act of 1964.\u00a0 Under Title VII, an employee may be exempt based on a \u201csincerely held religious belief.\u201d\u00a0 Generally, personal or ethical objections to a mandatory vaccination policy are insufficient.\u00a0 If an employer receives notice of an employee\u2019s sincerely held religious belief, the employer must provide that employee with a reasonable accommodation, so long as the accommodation does not pose an undue hardship.\u00a0 Under Title VII, undue hardship is defined as having \u201cmore than de minimis<\/em> cost\u201d to the operation of the employer\u2019s business.\u00a0 In evaluating undue hardship, courts consider the harm to the employer, the harm to the employees, and the harm to third parties.<\/p>\n

Additional Considerations<\/strong><\/p>\n