ST. LOUIS — If and when a coronavirus vaccine is on the market, St. Louis businesses had better be ready with a plan for their employees, a Spencer Fane legal expert advises.
Currently there is no vaccine available, though several are in the works worldwide. Johnson & Johnson recently said it has begun the final stage of its clinical trials, the fourth company to do so in the United States. In addition, a St. Louis-based biotech startup, Precision Virologic, has been licensed as a COVID-19 vaccine candidate by the Washington University School of Medicine.
Megan Meadows, an employment and labor partner and trial attorney at Spence Fane in St. Louis, tackled the big question first: Can employers require employees to get a vaccine before returning to the workplace?
In general, the answer is yes, she said. "There is no hardline prohibition against an employer doing so. It is legal for employers to take precautions for a safe workplace," she said. "First, establish it is a job-related requirement that is consistent with business necessity. That may include a requirement to be vaccinated."
There are exceptions to the general rule, Meadows said. "An employer should not require everyone to be vaccinated without exception," she said.
Exceptions include considerations under the American with Disabilities Act, such as for employees with underlying medical conditions, she said. "An employee with underlying medical conditions should be entitled to an exemption from mandatory vaccination for valid and supported medical reasons," she said.
Another exception may be a religious accommodation under Title VII of the Civil Rights Act of 1964. "A religious accommodation must be considered and discussed with the employee to determine if safety concerns can still be met, though not necessarily granted," Meadows said. "It's more case by case."
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