COVID Continues to Raise Questions

Employees and employers alike have questions about what is “legal” or appropriate regarding COVID protocols as vaccines, variants, mask and return to the workplace all blend.      

Ultimately, employers must balance the risk of exposure in their work environments with HIPPA, ADA, as well as customer mandates and related employment practices.   

Here are some considerations for employers:  

• It is permissible for employers to require COVID vaccination and/or routine testing as a condition of employment. 

• The initial concern for employers was related to litigation from employees, but that has subsided since the Equal Employment Opportunity Commission (EEOC) guidance came out in May stating it is fine for employers to require vaccines and testing.     

• Now the concerns are more about employee backlash, attrition, turnover etc., especially in such a tight labor market. 

• It is recommended that you document (archive) information supporting your decisions as guidance has not been consistent over time.

What may be legal/permissible, may still be a challenge for employers as employees are strongly invested in their views on the topic.   

Following local guidance/requirements appears to be the best path forward.  Noting sources and timing for changing company documents is advisable.  Educating employees as to local guidance and company procedures is a good practice. 

Requiring routine testing may be a double edge sword.  Although it may be legal or permissible, there  may be more to come regarding this practice as there are many unknowns and implications of false positives.  Moreover, being prepared to respond to testing and corresponding results may be challenging for the same reasons.    

The Innovise team can help you with your COVID planning.