The Debate of 2021: Should Companies Require Covid Vaccination for Workers?

The optimal condition for a complete return to the office is a vaccinated workforce. But, even when the population is vaccinated, our way of working will never return to the "normal" people remember pre-Covid. The “new normal" will be a hybrid workplace model that benefits workers and employers by providing the flexibility to work remotely, but with access to an office.

Despite widespread eagerness to resume some level of in-office operations, the rollout of the two authorized vaccines (Pfizer-BioNTech and Moderna) is moving painfully slow—only 6.6 million Americans have taken the first dose with over 22.1 million doses available. This is a total penetration of about 2 percent out of our population of 331 million. At this rate, it will take many months to achieve herd immunity, which requires 70 to 80 percent of the population to be vaccinated, and then additional time for people to feel reassured that it’s safe for them to go into an office. There's a wide spectrum of safety precautions we've taken thus far and an equally wide range of individual comfort levels during these times. So we will all ease back to the office at our own pace based on where we live, whom we work for, and how safe we feel in the current environment.

While there is a great deal of enthusiasm and optimism around the vaccine, the country remains split on whether or not to get it. A Pew study found that only 60 percent of Americans would "definitely" get the vaccine, while 18 percent said they are "pretty certain" they won't get it "even if there's more information about it." In a separate study by the Employee Benefit Research Institute, 24 percent said: "they will not get the vaccine." This resistance against vaccination is primarily due to the anti-vaxxer movement, as well as an overall lack of trust in our government, institutions, and the media that has grown over the past year. And, some Americans are concerned about the vaccine’s potential long-term side effects that haven’t been discovered yet. Even so, public health officials and workers are both looking to employers to play a role and be part of the solution—and doing so benefits the business as well!

Yet the big bold questions still remain. Should employers mandate that their workers obtain a vaccination, and what can they do if they refuse? Dr. Anthony Fauci's view is that some institutions will make it mandatory. Georgetown University professor Lawrence Gostin agrees, noting that "companies have every good reason to get all of their employees vaccinated and also have an obligation to keep all employees and customers safe." But, in my research, I have yet to find a single company that is moving forward with a mandate. Instead, it's much more common for businesses to encourage vaccination in order to avoid legal charges.

Companies are patiently waiting to see how the vaccine rollout goes, taking cues from government and health officials. "Any mandate should actually be government action as opposed to individual companies," says Dan Glaser, CEO of Marsh & McLennan Companies. American Airlines CEO Doug Parker suggests, "Let the vaccines be distributed, see what the acceptance rates are...In the end, we'll all have to make the best decision for our individual companies." In my conversation with Dr. Reef Gillum, the Chief Medical Officer at ReturnSafe, he told me that "employers will likely lean on government agencies to determine if vaccinations will be a requirement for returning to work, with some part of their population exempt due to medical, religious or personal reasons."

The vaccine as a precursor to office work

There's a direct correlation between the percentage of the working population that is vaccinated and the sentiment about returning to the office. Employees won't feel completely safe until they know that most of their co-workers have received the vaccine. Companies also want to wait to reopen their doors until the majority of their workforce is vaccinated because if there are outbreaks at their offices, they might be held legally responsible. And, they have to be respectful of employees who have "disabilities or sincerely held religious beliefs,” both of which are protected by the Americans with Disabilities Act and Title VII.

Dr. Gillum emphasizes that it's going to be a challenge for employers to "manage diverse populations of employees that have received the Covid vaccination and those that are exempt, making a vaccine management solution an integral part of a company's plans for safely reopening and keeping their communities healthy." Companies also need to recognize that many of their employees live with children, spouses, or other relatives who may not want the vaccine—a factor that is outside of their control. But, by encouraging and facilitating vaccination among their workers, businesses can play a critical role in cascading the positive health effects throughout their families and communities.

Both sides of the vaccination debate

There are two main perspectives when it comes to an employer's role in the vaccination of their workers: they either make it mandatory or they highly encourage it. Thus far, I haven't found any companies that are publicly stating that they don't want their workers to get vaccinated.

Companies should make vaccination mandatory

Not including the two main vaccination exemptions in the Americans with Disabilities Act and Title VII, companies have a duty under the Occupational Safety and Health Act and current Occupational Safety and Health Administration guidance to ensure the workplace is safe for their employees. A failure to take the necessary steps to protect their workforce could result in compensation claims, loss of productivity, and other legal penalties and challenges. CNBC found that 57 percent of workers support a mandatory vaccine, and the Executive Leadership Institute found that 72 percent of current and recent CEOs at major companies are open to a mandate.

There are some clear advantages to mandating the vaccine. First, companies that require vaccination are more likely to keep workers and their communities safe from disease. This is especially important for those in high-risk occupations, for example, healthcare personnel and essential frontline workers. Second, employers could gain positive publicity that could attract new customers and employees. Just as you’d be more likely to go to a restaurant where all of the staff and customers had been vaccinated, you might be more willing to work for—or do business with—a company where vaccination was required.  

Companies should highly encourage but not mandate the vaccine

Despite the advantages of a mandate, for a variety of reasons most companies will choose to encourage (but not require) vaccination. They want to avoid the liability of adverse reactions and the legal consequences of infringing on workers’ religious or personal beliefs. Employment law attorney Jay Rosenlieb told AARP that a mandate is risky for employers because of the liability "that arises from requiring a vaccine where the vaccine goes sideways and creates harm to the employee." Another consideration is that some union contracts prevent mandatory vaccines. And, many companies may simply want to respect the views of workers who express concerns or trepidation.

Absent a mandate, there are still numerous ways employers can encourage vaccination and support employees. For instance, companies can provide cash incentives, build the vaccine into their wellness benefits package, help pay for it (or completely cover the cost), offer paid time off to receive it, provide educational resources to alleviate fears, and have on-site staff administer it similar to how seasonal flu shots are managed. The goal should be to make it as easy and affordable as possible for workers to get vaccinated.

Companies are addressing the debate

Since the end of last year, major companies have been slowly voicing their stance on vaccines as they gain more direction from public health officials and their legal teams. Most are not going to mandate the vaccine but will instead encourage their workers to get it by offering financial support or other incentives. For example, Chipotle will cover any costs associated with receiving the vaccine, and Facebook, Marriott, and Discover Financial Services will encourage vaccination by highlighting its benefits. Time will tell whether these efforts and incentives are enough to motivate employees to get the vaccine.

How vaccination will impact the workplace this year

Much like public opinion, the workplace environment will be fragmented and lack consistency this year. There's a wide range of approaches when it comes to employee safety concerns, and how each company handles its back-to-work strategy depends on many factors—office locations, vaccine penetration, legal restrictions, and employee preferences. Underneath this race to herd immunity is a population that lacks trust and demands freedom of choice, but ultimately expects a gradual return to a safe "new normal." The best thing employers can do now is come up with a return-to-work plan and then adjust accordingly based on the environment and the advice of government and health agencies. And, the best thing workers can do is to be patient and remain open to the possibility of vaccination.

Remember that a healthy workforce translates into a successful business.

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