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After a seemingless endless wait, news of COVID vaccine distribution has business owners, government offices and school district administrators faced with a legal question they could not have foreseen at the beginning of 2020. Can we require employees to get a vaccine? The short answer is yes, but there are some exceptions to note, and potential pitfalls to avoid in dealing with employees who refuse a vaccine.
An employer can require employees get a vaccine, subject to religious exemptions (Title VII), and disability exemptions (ADA). At-will employees, who do not fit within Title VII or disability exemptions, can be fired for refusing to get a vaccine. The EEOC provides some guidance for employers to properly address exempt employees. Addressing the issue of flu shots, the EEOC has said: