With a return to normal operations tantalizingly close, many businesses are considering a vaccine requirement as a condition of continued employment. Experts remain divided, however, about the legality of the approach, particularly while the U.S. Food and Drug Administration has permitted only three vaccines under limited emergency use authorization (EUA).
The U.S. Equal Employment Opportunity Commission (EEOC) has made clear vaccine mandates don’t violate federal antidiscrimination laws, so long as employers make reasonable accommodations for medical and religious restrictions against vaccination. But state and local common laws also must be considered.