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Even though a vaccine to prevent COVID-19 isn't
available yet, it's not too early for employers to start considering whether
they will require employees to get the vaccination when it is ready.
The Equal Employment Opportunity Commission (EEOC) has yet to issue guidance on
a COVID-19 vaccine, so employers should look to the EEOC's guidance on the flu
vaccine for now, said Arielle Eisenberg, an attorney with Cozen O'Connor in
The EEOC has advised that flu vaccinations may not be mandated for all
employees. Exceptions must be made for disability or religious accommodation
requests. Proper notice must be provided as well.
"Because the exceptions make this general rule look a bit like Swiss
cheese, the EEOC has advised as a best practice that employers should consider
encouraging, rather than requiring, employees to get the flu vaccine,"
said Michelle Strowhiro, an attorney with McDermott Will & Emery in Los
Angeles and Orange County, Calif.
Read the rest of the article:
Can Employers Make Vaccines Mandatory
in a Pandemic?
SHRM | Sep 2020 Can I Get Fired for Refusing Vaccinations? SHRM HRQA | May 2020 Please complete the brief survey near the bottom of this page. Law Firm Articles As the flu season approaches and the COVID-19 pandemic continues, employers' mandatory vaccination policies may soon become more important than ever. For several reasons, those policies will also attract unprecedented scrutiny. First, the Centers for Disease Control (CDC) has stated that getting the flu vaccine this fall will be all the more important, both to reduce health risks for individuals and to conserve the country's potentially scarce healthcare resources, particularly for respiratory conditions like the flu and COVID-19. Flu Season And Possible COVID-19 Vaccine Will Shine A Spotlight On Workplace Vaccination Policies Fisher Phillips | Aug 2020From an employment perspective, employers need
to take into account a broad range of issues, including but not limited to
equal employment opportunity compliance, labor relations, workers’
compensation, employee safety and other evolving issues, including the
The Race for a COVID-19 Vaccine –
Planning for the Employer Response
Littler | Sep 2020Once a COVID-19 vaccine is approved, both
federal and state authorities are almost certain to issue further guidance
and/or regulations governing vaccinations in the workplace. In particular,
employers may want to keep an eye on developments at the state level. Any such
laws could significantly alter the undue hardship analysis under Title VII and
the ADA if they mandate vaccinations to preserve the health and welfare of
citizens (or subgroups, based on industry or job duties).
Mandatory COVID-19 Vaccination: Is It
Legal and Is It Right for Your Workplace?
Ogletree | Sep 2020 The EEOC has not yet weighed in on this question specifically for COVID-19, but in 2009 the agency released a technical-assistance publication asserting that under the Americans with Disabilities Act (ADA) and Title VII, employers cannot impose mandatory vaccination requirements on employees who qualify for certain exemptions, such as employees with certain medical conditions or religious beliefs, even in the midst of a pandemic. Although the EEOC guide was updated in March 2020 for COVID-19, the vaccination guidance remains the same (as of August 20, 2020). Of course, the actual emergence of a COVID-19 vaccine could change that. Employers should check this guidance for further updates once a COVID-19 vaccine emerges. Can You Require Your Employees To Get Vaccinated When A COVID-19 Vaccine Becomes Available? Husch Blackwell | Aug 2020For now, the questions remain hypothetical. Until a vaccine is made available and we have
more information about its efficacy and risk factors, it is difficult to answer
these questions in a vacuum.
Nevertheless, employers ought to start thinking about their proposed
approach to COVID vaccinations so that they are ready to implement a plan when
the time comes (hopefully in the not-too-distant future).
Mandatory COVID-19 Vaccines: Coming to
a Workplace Near You?
Foley & Lardner | Aug 2020 Federal law does not provide the sole guidance regarding mandatory vaccination programs for the private, non-healthcare workforce. State law, which often raises the bar considerably above the Federal statutory floor, especially for small employers, should also be consulted before putting a mandatory vaccination program in place. The CDC lists many of the current state vaccination laws related to healthcare workers (who are generally required to undergo a variety of mandated vaccines) as well as educational requirements for students. Vaccinate or Terminate – Mandatory Vaccination As Workplace Policy Mintz | Jul 2020 Employers must also consider that employees may respond negatively to a vaccination requirement, and adverse reactions to the vaccine could lead to workers' compensation claims. Accordingly, employers contemplating any policy mandating a COVID-19 vaccine should be prepared to carefully consider the threat posed to the health and safety of their employees, the risk of future claims, and employee morale. Moreover, employers must be prepared to carefully consider the reasons for any employee requests for exemptions. A Vaccine is Coming: Can Employers Require Employees to Take it? Polsinelli | Jul 2020
Index of COVID-19 Express RequestsReopening Your WorkplaceReopening Your Workplace: OverviewsMasks/Face Coverings in the WorkplaceTips for Wearing a Mask in SummerRecalling/Rehiring EmployeesWhen Employees Refuse to Return to WorkAddressing Fears About Returning to the WorkplaceTesting | Screening | Diagnosis | VaccineTesting Employees for COVID-19Taking Employee TemperaturesAntibody Testing (or Not)Responding to Employee's COVID-19 DiagnosisContact-Tracing in the WorkplaceMandating COVID-19 VaccineEmployee RelationsPreventing COVID-19 Related Workplace ViolenceEmployee Travel Amid the PandemicUpdating an Employee Handbook for COVID-19Shadow Pandemic: Rise in Domestic ViolenceCOVID-19 Liability Waiver ConsiderationsEncouraging Employees to Take Time OffVacation Policy Changes Amid PandemicHeat Illness Prevention Amid COVID-19Accommodating Workers at Higher Risk for Severe IllnessCOVID-19 Myth BustersEEOC Updates Coronavirus-Related GuidanceCommunicating with EmployeesRemote WorkersRemote Workers' Expense ReimbursementAllowing TeleworkEngaging Remote WorkersRemote Work & State Tax IssuesMonitoring Remote WorkersCombatting Zoom FatigueTalent AcquisitionForm I-9 Flexibility Due to EAD Production DelaysVirtual OnboardingPreemployment Background Checks During COVID-19Completing Form I-9 for Remote WorkersDocumenting an Expired Driver's License on I-9 and E-VerifyExecutive Order Restricts Employment-Based ImmigrationFamilies First Coronavirus Response Act (FFCRA)FFCRA: School Reopening (or Not) PlansGeneral (Overviews, DOL Resources, More)IRS FAQs on Tax Credits & Required DocumentationDecision Flow ChartsValuing Health Plan Costs for Tax CreditsCoronavirus Aid, Relief and Economic Security (CARES) ActOverviews of Implications for EmployersEmployee Retention Tax CreditBusiness & Nonprofit ReliefEmployee Benefit Plan ProvisionsPaycheck Protection Program (Loan Forgiveness)Unemployment Expansion & ExtensionPotential Relief for Government ContractorsValuing Health Plan Costs for Tax CreditsCompensation and BenefitsLost Wages Assistance (Unemployment Benefits)DOL on Tracking Teleworkers' HoursWorkers' Payroll Tax DeferralVirtual Benefit FairsHealth Carrier COVID-19 Premium CreditsCOBRA Deadlines Temporarily ExtendedVarious Benefit Plan Deadline ExtensionsSurvey Reports: Pay Adjustments Amid COVID-19Families First Coronavirus Response Act (Paid Leave; Enhanced FMLA; More)USERRA and COVID-19Reducing Employer's Retirement Plan Contribution/MatchU.S. Wage and Hour IssuesMaking Tax-Favored Disaster Relief Payments to EmployeesLeave Donation ProgramsIRS Relaxes HDHP RulesLayoffs and Alternatives to LayoffsPay ReductionsShared-Work/Work Share ProgramsLayoff AlternativesWorker Adjustment and Retraining Notification (WARN) ActCalifornia EDD Work Sharing ProgramPlease also see under CARES Act (above):Employee Retention CreditPaycheck Protection ProgramEssential Businesses and WorkersEssential Business DesignationEssential Workers: IdentifyingGeneralEmployer Resource Centers (U.S. and Global)Preparedness PlanBeware Phishing ScamsTell Us About Your Workplace’s ResiliencyHR professionals have played a critical role in leading their organizations through some of the toughest workplace challenges they’ve ever faced. Public officials need to hear from HR professionals about how they are adapting to new challenges, adjusting business practices and providing innovative solutions for the world of work. Tell us how your organization has been resilient during the COVID-19 pandemic.SURVEY: Tell us what you think about the Express Request service in four quick questions.
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