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With coronavirus vaccines receiving their emergency use authorizations from the FDA and being rapidly rolled out, employers will need to evaluate a mandatory vaccination policy that balances employee rights with novel business realities and pre-existing legal frameworks lacking clear guidance in the face of COVID-19.
Under existing federal law and regulations, employers may be able to institute mandatory vaccination policies to protect health and safety in the workplace. Although a mandatory vaccine policy is not completely free from legal risk, courts more recently have upheld vaccination requirements when an employer shows that the need for vaccine-acquired immunity is job-related, consistent with business necessity, and not more intrusive than necessary.[1] Other constitutional challenges to the vaccine may occur, but such challenges could be influenced significantly by government and public sentiment likely to affect an outcome with the courts.