Employers wonder whether they can require COVID-19 vaccinations

With the first COVID-19 vaccines rolling out, will employers be able to require employees to be vaccinated?

Shots or no shots?

When the first doses of the COVID-19 vaccine arrived in New Mexico, many of us saw the news as light at the end of the tunnel. It was reported that frontline healthcare workers would receive the vaccine first, and it may be months before it’s available to the general public.

Surveys and polling data show the majority of the public is ready and willing to get the vaccine, but a significant portion of the population seems to view the vaccine with skepticism or have said outright they wouldn’t take it. Many employers are wondering if they will be allowed to require employees to be vaccinated once it becomes available.

Requiring vaccination as a condition of employment isn’t a new concept. Healthcare facilities, for example, have required employees to take an annual flu vaccine for years.

The Equal Employment Opportunity Commission (EEOC) has already allowed employers to be more intrusive than usual with respect to COVID-19 by allowing temperature checks and in seeking medical information from employees before they enter the workplace. I expect the agency will also give you more latitude when it comes to requiring vaccination, but you might still have to exempt an employee who refuses to take the vaccine for a health reason (such as a vaccine allergy), a disability, or other reason supported by a doctor’s note.