After more than three years, the federal public health emergency for COVID-19 ended on May 11, 2023. Much of the news coverage has focused on the politics of declaring the pandemic “over,” implications for the health care industry and the consequential changes to immigration policy. But what about the impact on private employers at large, who have spent the last three years navigating an evolving legal landscape of workplace-safety considerations and employee rights.

Are vaccine mandates allowed, and with what caveats? Should old mandates be phased out? Is testing still allowed? Is COVID-19 a justification for allowing workers to continue to work remotely as a disability accommodation? The answers are not always crystal clear, and private employers must continue to consider their specific circumstances, including state laws, the particular nature of their workforce and business line, and individual employee circumstances.

  • Employers considering a continued vaccine mandate should confirm whether the states in which they operate have laws surrounding COVID-19 vaccine mandates, be it outright bans or requirements for alternatives and exemptions.
  • Employers should consider whether mandatory screening or symptom-based bans are still justifiable based on changes in the public health situation.
  • Employers should consider the implications of return-to-office policies under the Americans with Disabilities Act, including whether the risk of COVID-19 exposure still merits remote work as an accommodation, and whether an individual can perform the essential functions of their job remotely without an undue hardship to the employer.