Can Your Employer Mandate COVID-19 Vaccination?
The three Covid-19 vaccines authorized for emergency use in the United States—BioNTech/Pfizer, Moderna and Johnson & Johnson—have undergone “thorough scientific evaluation” in order to meet “safety, effectiveness, and manufacturing quality” standards, according to a statement from the FDA. Pfizer/BioNTech and Moderna have filed applications to receive full approval, which are currently being evaluated.
The restriction doesn’t apply to employers or universities, says Reiss. “There's a large body of jurisprudence that says employers can mandate vaccines, though they are required to give some exceptions,” she adds. For example, the Americans With Disabilities Act requires reasonable accommodations for someone who is unable to get the vaccine for a medical reason. The same goes for people who decline to get vaccinated citing religious objections.
“Businesses can require proof of vaccination to eat inside — just as they can require shoes and shirts.”More businesses are requiring proof of Covid vaccination for entry.The definition of “reasonable” will ultimately be left up to the courts. Accommodations like regular testing, masking and social distancing that still allow people to go into the office are probably on firm legal ground.
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