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Infectious disease experts have a saying: Vaccines don’t save lives, vaccinations do. As the Federal Drug Administration (FDA) has approved the first COVID-19 vaccine, employers eager to get back to normal may want to mandate vaccinations. Yet, it has been reported that a sizeable number of Americans are hesitant to take the vaccine, and news of some adverse reactions may give rise to more angst.
Still, employers have obligations to their employees, including a duty under OSHA to keep their employees safe while at work, to customers and to others who have access to the workplace. If employers want to make vaccinations mandatory, can they force their employees hands (or, more accurately, their arms)?
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As we previously discussed here (“EEOC
Provides COVID-19 Guidance Via Webinar (Part I of II)”), here (“EEOC
Provides COVID-19 Guidance Via Webinar (Part II)”) and here (“EEOC
Updates COVID-19 Technical Assistance”), the Equal Employment
Opportunity Commission ( EEOC ) has previously addressed
several employment practice concerns throughout the ongoing
COVID-19 pandemic.
Earlier this fall, the EEOC released an updated technical
assistance document, “What You Should Know
About COVID-19 and the ADA, Rehabilitation Act, and Other EEO
Laws” (“Updated Guidance”). With the current
surge we are experiencing and vaccines on the near-term horizon,