Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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 .

Complete your profile to continue reading and get FREE access to BenefitsPRO.com, part of your ALM digital membership.

Your access to unlimited BenefitsPRO.com content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Critical BenefitsPRO.com information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com

Already have an account?



Join BenefitsPRO

Don’t miss crucial news and insights you need to navigate the shifting employee benefits industry. Join BenefitsPRO.com now!

  • Unlimited access to BenefitsPRO.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
  • Exclusive discounts on BenefitsPRO.com and ALM events.

Already have an account? Sign In Now
Join BenefitsPRO
Live Chat

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.