Just about one year after the COVID-19 pandemic began, the availability of the COVID-19 vaccine seemed like a beacon of hope for many. Indeed, accessibility of the vaccine to millions across New Jersey and the world led to a decrease in the spread of the virus. It seemed to be the light at the end of the proverbial tunnel, especially for employers that want or need to have employees return to the workplace. The introduction of the vaccine, and its proven efficacy in fighting COVID-19, has posed many questions surrounding the issue of whether employers can mandate that employees become vaccinated to return to the workplace. With the Delta variant now spreading rapidly, many employers are wary of having unvaccinated employees return to the workplace and, therefore, are evaluating whether to  mandate that employees become vaccinated.  

The legal issues raised by mandating vaccines in the workplace require careful and individualized analysis for each employer as this is an ever-evolving legal issue. On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance on this very question, which was recently updated on May 28, 2021. The EEOC has expressly stated that an employer may require all employees who physically enter the workplace to be vaccinated for COVID-19. See “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” Nonetheless, employers that elect to mandate vaccines are obligated to comply with Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. §2000e et seq., the Americans with Disabilities Act, 42 U.S.C.A. § 2101 et seq., and other applicable state and local laws, including, the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.  (the LAD).