Now that COVID-19 vaccines are becoming more widely available, many employers are faced with an important decision: whether to require or simply encourage employees to get vaccinated. This decision can be fraught with difficulties if not handled correctly. In advising clients on how best to deal with the vaccine issue, three common mistakes employers make in this area have emerged, any of which could lead to potential liability under the Americans with Disabilities Act (ADA) and similar state laws.

1. Mandating that employees get the vaccine without recognizing exceptions for health conditions and religious beliefs.

The Equal Employment Opportunity Commission (EEOC) has made clear that while employers can generally require employees to get vaccinated as a condition of employment, employers should make exceptions for employees who (a) request an accommodation from the vaccine requirement because of a disability or pregnancy, or (b) request to be exempt because of a sincerely held religious belief.