Questions About COVID Vaccine Mandates And Testing? Click Here

As experts from the executive placement firm Korn Ferry noted recently, the number of private, nonprofit, and government organizations requiring employees to get vaccinated for COVID-19 continues to increase and, with those decisions, come questions about “consequences for employees who opt not to get a shot.” Some companies have opted to implement financial penalties while others are making vaccination a condition of employment unless workers can offer compelling religious or medical reasons not to be vaccinated.

Federal law is on the side of employers in both instances. Korn Ferry’s experts explain, “The United States government has said that federal antidiscrimination laws don’t prohibit employers from requiring all employees who physically enter the workplace to be vaccinated for COVID-19” as long as health and religious exemptions are offered. (The Kelley Drye law firm has a lengthy review of federal law that is available here.)

Whether employers want to take the step of requiring the vaccine is another question, of course, especially given the increased competition for labor and talent. If they do, Korn Ferry’s experts tell employers to “be consistent” in their application of a policy — do not offer exemptions for certain categories of employees (or leadership), for example, or for “high performers.”

Just how many businesses now require vaccines, or are considering it? According to a recent survey of nearly 1,000 companies, 52 percent of businesses plan to impose COVID-19 vaccine mandates by the end of 2021. One-fifth of company respondents said they already require vaccination. Many companies that opt not to require vaccination are implementing more rigorous testing requirements.

Venable LLP offers information to employers who are interested in offering testing in lieu of vaccination. Click here for that information.