With the announcement that an effective vaccine to stop COVID-19 had been approved, some employers turned to their legal counsel and asked, “Can I force my employees to be vaccinated?” The short answer is “yes, with a few exceptions” but the inquiry should not stop there. The follow-up question may be even more important … “Should I force my employees to be vaccinated?”

The first question was answered by the Equal Employment Opportunity Commission (EEOC) years ago, in its response to employer queries about mandatory annual flu vaccinations. Employers were told they could condition new or continued employment on being vaccinated but may need to accommodate individuals who refused for disability or religious reasons. On the disability side, if an employee had a medical condition which prevented him or her from being vaccinated (e.g., Guillain-Barre Syndrome, known serious allergy to component of the vaccine), enforcement of the mandate by discharging a person who refused would support a claim under the Americans With Disabilities Act (ADA). Cue the handful of individuals who had severe allergic reactions to the Pfizer COVID-19 vaccine as proof that this exception is needed.