With the COVID-19 vaccine now more readily accessible, and as states begin to lift restrictions on businesses that had been imposed in response to COVID-19, employers are assessing whether and how to implement vaccination policies in the workplace. Employers also are evaluating whether to mandate that employees be vaccinated before allowing a return to the workplace.

While federal law does not directly address whether employers may mandate COVID-19 vaccines, various federal statutes and regulatory guidelines will impact the contours of any vaccine policy, including Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA). In addition, employers must contend with an ever-changing landscape of state and local rules.