As the world eagerly awaits the widespread availability of the COVID-19 vaccines, employers everywhere are bracing for an onslaught of the next round of COVID-related issues. Can—and should—employers require employees to get the vaccine, to protect themselves and others in their workplaces? Can an employee refuse to return to work if his or her co-workers are not vaccinated? And if there are vaccine injuries, would an employer be liable for them if the employer required its employees to get the vaccine?

Can Employers Require That Their Employees Get Vaccinated?

Generally yes, an employer can require its employees to be vaccinated—with two major exceptions noted below. See, e.g., Hustvet v. Allina Health Sys., 910 F.3d 399 (8th Cir. 2018) (upholding a health care system’s requirement that its employees immunize against rubella as a condition of employment); Mazares v. Dep’t of Navy, 302 F.3d 1382 (Fed. Cir. 2002) (upholding removal of civilian employees of the Navy for refusing order to get anthrax vaccine).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]