Now that vaccines are available for COVID-19, employees face the individual question of whether to vaccinate. Employers also face the tough question of whether to mandate the vaccine for employees in the workplace. There are a number of challenges for employers navigating the issues and determining an appropriate path forward.

The Equal Employment Opportunity Commission issued Technical Assistance Questions and Answers (TA) on Dec. 16, 2020, indicating that employers may require employees to be vaccinated against COVID-19. Certain exceptions will apply, such as those employees who cannot receive the vaccine due to an Americans with Disabilities Act-qualified disability or due to a sincerely held religious belief, practice or observance protected under Title VII of the Civil Rights Act. Objections based on disability or religious reasons may also trigger discussions of reasonable accommodations in lieu of the vaccine, absent undue burdens on the employer.