The American workforce has been navigating the challenges and effects of COVID-19 for almost a year. The Food and Drug Administration granted emergency use authorization (EUA) for the use of the Pfizer/BioNTech vaccine Dec. 11, 2020, and the Moderna vaccine Dec. 18, 2020. Per the Centers for Disease Control and Prevention, there have been over 10 million citizens who have received the first dose of the vaccine. Employers have been wondering how and whether they can require vaccines while also considering what they can do if an employee refuses a vaccine. Employers must certainly be mindful as to potential claims under the Americans with Disabilities Act (ADA), as amended, or religious discrimination claims under Title VII when it comes to requiring a COVID-19 vaccination.

• Some employees will refuse to get vaccinated. 

During the pandemic, employers have been struggling to manage employees who refused to report to work because they were at high risk and/or feared exposure. Similarly, employers considering vaccine requirements should be prepared to address opposition from employees for a variety of reasons, including potential health reasons or fears.