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If an employer assist in the administration of the vaccine and poses pre-vaccine screening questions, such questions are considered disability-related inquiries that would have to be “job-related and consistent with business necessity.” (Photo: Diego M. Radzinschi/ALM)

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.

Mike Muskat is a partner at Muskat, Mahony & Devine, a management-side labor and employment law firm in Houston. More information about Muskat, including contact information, can be found at www.m2dlaw.com .

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