Exploring the Legality of COVID-19 Vaccine Mandates

Q: Can employers, colleges and universities require COVID-19 vaccinations?

A: Generally, they may require immunizations. But there is some uncertainty about the legality of mandating vaccines authorized for emergency use by the U.S. Food and Drug Administration.

FULL QUESTION

Does federal law prohibit employers and other institutions from requiring the COVID-19 vaccine?

FULL ANSWER

According to a list maintained by The Chronicle of Higher Education, more than 200 colleges and universities are “requiring [COVID-19] vaccines of at least some students or employees” ahead of the fall semester.

Other employers are requiring — or at least considering a requirement — that their workers be vaccinated against the disease, as well.

Is that legal? 

There is no federal law that says vaccines cannot be required for employees or students. The U.S. Centers for Disease Control and Prevention says: “Whether an employer may require or mandate COVID-19 vaccination is a matter of state or other applicable law.”

In updated guidance issued in December, the U.S. Equal Employment Opportunity Commission implied that employers can have a mandatory vaccination policy,