Loeb & Loeb Employment & Labor partner Ian Carleton Schaefer spoke with The New York Times about the legal issues concerning vaccination policies that companies are devising for new hires, along with rules for their existing employees.
It is legal for employers to require vaccines for both current and new employees. And labor lawyers say that companies are allowed to take vaccination status into consideration in most of the country when screening job applicants, even if no formal mandate is in place, because vaccination status is not protected under the Americans With Disabilities Act. But they could still be hit with litigation or run into political opposition as some states pass measures to restrict or ban vaccine mandates.
“You’re going to see that the career trajectories of people will be impacted based on their status,” said Schaefer. “And so far, that’s completely permissible.”
Click here to read the article on The New York Times’ website (subscription required).