COVID-19 ‘Groundhog Day’: the latest on vaccines, testing, masking

The emergence of the “delta” COVID-19 variant seems to have us going backwards real fast. Just before Governor Andrew Cuomo’s political life imploded, he held a press conference and announced (1) patient-facing healthcare workers at state hospitals will be required to take the COVID-19 vaccine, and (2) other state government employees will have to show proof of vaccination or be tested weekly. The news set off quite a stir. Other local governments quickly followed suit. Most also required all employees—even the vaccinated—to resume wearing masks at work. Testing and masks, which were all the rage at the beginning of the pandemic, seem to have come back in a hurry.

EEOC allows for mandatory vaccination, testing

In some respects, Governor Cuomo’s decision on mandatory vaccinations for certain workers isn’t earth-shattering. After all, the Equal Employment Opportunity Commission (EEOC) has no objection to employers’ vaccine policies provided they allow exemptions for employees with a medical condition or sincerely held religious belief precluding the shots. So, a true mandatory vaccination policy—where 100% of the workforce has to get the shot except as exempted—would be in line with current EEOC guidance.

The U.S. Department of Defense is reportedly requiring all servicemembers to be vaccinated. While not a required showing, there is certainly a compelling rational basis for requiring other employees, like hospital workers who come into contact with the public, to get vaccinated. But, that is less of an imperative with most of the workforce working remotely.