Employers Can Require Coronavirus Vaccinations: Feds [POLL]

NEW YORK — On Friday, officials at NewYork-Presbyterian, which has hospitals in Manhattan, Brooklyn, Queens and Westchester, sent a letter to its employees that said all staffers will be required to get the coronavirus vaccine.

Dr. Steven J. Corwin, president and CEO, and Dr. Laura L. Forese, executive vice president and COO, said the evidence was clear that getting the vaccine is "the most important and responsible action we can take as NYP team members for the safety and well-being of our patients and visitors, our communities and ourselves."

The U.S. Equal Employment Opportunity Commission issued guidance in late May that federal laws "do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions" of the Americans with Disabilities Act and other equal employment opportunity considerations.

The EEOC also said that federal employment laws do not prevent or limit employers from offering incentives to employees to get them to roll up their sleeves and get the shot.

The caveats are that the incentives cannot be coercive and any proof of vaccination an employee submits to his or her boss must be kept confidential.

Regarding incentives, Walmart, for example, told its employees May 14 it would give $75 to workers for getting vaccinated against the coronavirus. The sweetener was that fully vaccinated employees would not be required to wear a mask at work.

As with NewYork-Presbyterian, the EEOC said people can request exemptions for medical or religious reasons. NYP employees have until Aug. 1 to request an exemption. Those granted one will have to be tested frequently for the coronavirus.

Whether employers will fully embrace mandatory vaccination is the open question.

Michelle S. Strowhiro, a lawyer at McDermott Will & Emery, told The Associated Press that many employers might not want the administrative burden of requesting and tracking compliance and managing exemption requests.

Combine that with legal challenges, many employers might just "strongly encourage" workers to get the shot instead of making it mandatory, she said.

Now it's your turn to weigh in on the issue. Vote in our unscientific poll and tell us what you think in the comments.