“Employers seeking to mandate a COVID-19 vaccine must be careful not to violate the legal requirements of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII), and the Genetic Information Nondiscrimination Act (GINA),” writes Goldberg Segalla’s Jeremy S. Cole in an article with CPA Now. “All of which applies to most employers with 15 or more employees.”
Jeremy, a member of Goldberg Segalla’s Employment and Labor group, discusses the legal circumstances surrounding potential COVID-19 vaccine mandates. He outlines the Equal Employment Opportunity Commission’s guidance on the discussion and takes a deep dive into the legal requirements provided by the ADA, Title VII, GINA, and religious considerations.
“If an employer chooses to mandate the vaccine, it should take care not to violate the legal requirements of the ADA, Title VII, and GINA, as well as any applicable state or local laws,” Jeremy writes. “Employers are incentivized and even legally required to take steps to ensure a safe workplace. However, employees could respond negatively to vaccine requirements or miss time due to the vaccine’s adverse reactions.”
“Legal Issues with Mandating COVID-19 Vaccination in the Workplace,” CPA Now, April 1, 2021
Jeremy S. Cole counsels clients in New Jersey and Pennsylvania, handling all aspects of employment and complex commercial litigation matters. His practice includes navigating complex business disputes and resolving employment-related matters, including defending actions and claims by employees concerning misappropriation of trade secrets, restrictive covenants, employment discrimination, and wage-and-hour issues. He also negotiates and drafts pre-employment agreements, separation agreements, restrictive covenants, and employee handbooks and policies.