On July 29, 2021, President Biden announced that all federal government employees and onsite contractors must provide proof of full COVID-19 vaccination or adhere to certain safety protocols.
Requirements for the unvaccinated include wearing a mask while on the job, social distancing, travel restrictions, and taking either weekly or biweekly COVID tests. Employees who choose to not disclose their vaccination status will be subject to the protocols for unvaccinated individuals. Those who are only partially vaccinated must also follow protocols until they reach full vaccination.
While this ruling only applies to federal employees and onsite contractors, private employers still have murky waters to navigate when considering a vaccine mandate. The Equal Employment Opportunity Commission allows employers to impose a vaccine requirement so long as accommodations are made for disabilities or religious beliefs. Additionally, a 1905 Supreme Court ruling upholding a state law requiring smallpox vaccination, states “the Constitution does not provide a right to opt out of vaccine mandates in the midst of a public health crisis.”
While the number of employers imposing a vaccine mandate is growing, employers should work with legal counsel and human resource specialists for guidance.
