As vaccines for COVID-19 begin rolling out across the country, many employees may be asking whether their employers can mandate vaccinations in order to return to work. Because COVID-19 has devastated the U.S. and global economy, the vaccine has the potential to restore the millions of jobs lost to the still-raging pandemic. According to a Kaiser Family Foundation survey, however, about a quarter of Americans are reluctant to take the vaccine. Depending on where those reluctant Americans work and live, their resistance could hamper the ability to get the pandemic under control and return Americans to work.

UPDATE: The Equal Employment Opportunity Commission recently published guidance on this issue. Please see our December 22 blog post for up-to-date information on the question of mandatory vaccines. In May, Operation Warp Speed, a program with the goal of producing “300 million doses of safe and effective vaccines with the initial doses available by January 2021,” was officially announced. We are now rapidly approaching the January deadline – and it does appear that a vaccine is coming soon. For many employees, the possibility of a vaccine begs the question whether employers can mandate vaccinations in order to return to work....