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“That’s where regulations start clashing. You can try to prevent someone with COVID-19 from entering the workplace, but the steps available remain limited,” according to Jeffrey S. Tenenbaum of the Tenenbaum Law Group, a practice specializing in nonprofit law and based in Washington, D.C. “While obviously not completely analogous, the EEOC has advised that flu vaccinations may not be mandated for all em­ployees,” said Tenenbaum. “Exceptions have to be made for re­quests for disability, medical or religious accommodation,” he said. “It is not lawful to require all employees to be vaccinated. And, it must be coupled with appropriate notice to employees. As such, the EEOC has advised that employers should consider encouraging, rather than requiring, employees to get the flu vac­cine each year.” It might evolve into a Constitutional fight if the federal govern­ment attempts to mandate citizens get vaccinated, Tenenbaum said. Even in the heyday of polio, the federal government did not mandate taking the vaccine. An example, he said, is the potential liability if a firm offers flu vaccines on premise. Even though waivers would be signed, there still are issues, such as employees feeling pressured into being inoculated by management or their peers.

The NonProfit Times