As colleges and employers increasingly push for mandatory COVID-19 vaccinations, the question rises: Who’s on the hook for the rare, but inevitable bad side effects that go along with the shot?
Employers and institutions of higher education are both largely shielded against liability for vaccinations under a variety of state and federal laws. The Public Readiness and Emergency Preparedness or PREP Act covers both vaccine manufacturers and the organizations that administer it, making them immune to state and federal lawsuits except for willful misconduct.
Schools and employers have slightly different exposures if they try to mandate vaccinations. Employers can exclude workers who pose a “direct threat” to the health of other employees and COVID-19 meets that definition. But the Equal Opportunity Employment Commission says employees can refuse vaccination for medical or religious reasons. That leaves employers with the task of trying to find a reasonable accommodation for unvaccinated workers under the Americans with Disabilities Act.