Instant Insights / Reopening the Workplace in 2021: What to Consider


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COVID vaccine vial Past court decisions and guidance from the EEOC have confirmed that, in general, employers can require employees to receive vaccinations if they are job-related and consistent with business necessity.” (Photo: Shutterstock)

Although the availability of vaccines for COVID-19 is welcome news, it also raises a new set of questions for employers.

“Whether an employer can mandate that employees receive a COVID-19 vaccination is the pressing issue of the day,” said Melvin Muskovitz, senior counsel in the law and employment practice group at the Dykema law firm. “There is not a one-size-fits-all answer. Further, lack of current COVID-19-specific guidance from government agencies, such as OSHA, the CDC and the EEOC, makes the decision-making process more challenging.”

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