Since COVID-19 vaccines first became available, several states have enacted laws that restrict or ban certain entities from mandating them or requiring proof that an individual has received one (also known as a “vaccine passport”) in order to be allowed entry or access to services. This Compliance Overview provides general information about these laws.
All employers, particularly those with fewer than 15 employees, should become familiar and ensure compliance with all applicable state and local laws.
Employers that have at least 15 employees should also become familiar with guidance issued by the Equal Employment Opportunity Commission (EEOC) regarding how to comply with federal fair employment laws during the COVID-19 pandemic. In general, these laws allow employers to require vaccines as long as they provide exemptions for medical and religious reasons.
HIGHLIGHTS
Bans on Vaccine Mandates and Passports
Several states have enacted laws that prohibit businesses and other entities from requiring individuals to receive or provide proof that they have received a COVID-19 vaccination.
Vaccine Mandate Exceptions
Federal fair employment laws allow employers to have COVID-19 vaccine mandates as long as they provide exceptions for religious and medical reasons. Many states either already had or have recently enacted similar exception requirements.
LINKS AND RESOURCES
- EEOC’s What You Should Know About COVID-19 and the Americans with Disabilities Act (ADA)
- Department of Justice’s answers to frequently asked questions (FAQs) about how the ADA applies to businesses and other entities under certain circumstances related to the COVID-19 pandemic.
- National Academy for State Health Policy – Vaccine Mandate and Passport Tracker