According to the website of the MacElree Harvey law firm, “For most employees, the answer is probably “yes”. There is ample precedent for employers mandating vaccines in certain fields, such as flu shots for healthcare workers in hospitals. Indeed, the Occupational Safety and Health Administration (OSHA) in the past has said employers have the right to mandate vaccines. Moreover, the EEOC has already issued guidance stating that COVID-19 meets the “direct threat” standard under the Americans with Disabilities Act (ADA). This classification means the EEOC believes a significant risk of substantial harm is posed by having someone with COVID-19 or its symptoms present in the workplace.”
Of course, as lawyers occassionally are known to do, MacElree Harvey caveats that opinion with the following, “That being said, at least two federal discrimination laws may provide some protection for employees who oppose taking a vaccine. Under Title VII of the Civil Rights Act of 1964, a sincerely held religious belief against taking a vaccine could serve as the basis for a religious exemption. See December 5, 2012, EEOC Informal Discussion Letter: Title VII: Vaccination Policies and Reasonable Accommodation. In addition, under the ADA, the employee could assert that they have some disability that prevents them from taking the vaccine, such as a sensitivity or allergy to something in the vaccine. Even anxiety to taking a vaccine could conceivably constitute such a disability.”