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11/16/2021

Navigating Association Workplace Vaccine Mandates

Examine these practical and legal considerations

As the latest surge in COVID-19 cases caused by the Delta variant begins to wane, associations are once again thinking about returning to a more regular or hybrid in-person workplace environment. A critical question in those plans: What policies can, and should, an association require when it comes to vaccinations for its employees? In this article, we provide some of the basic legal principles and practical pointers of how to navigate this area.

Can associations require its employees be vaccinated against COVID-19?

Generally, yes. Associations in most jurisdictions are well within their legal rights to require that employees be vaccinated, subject to some important exceptions created by federal law, specifically the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act. These exceptions require employers to provide reasonable accommodations to employees with disabilities or medical conditions that preclude the vaccine, along with those with sincerely held religious beliefs that are conflict with receiving the vaccine.

However, as this situation is evolving, it is also important to check applicable state and local laws. At press time, for example, legislative and executive orders in Arkansas, Montana, Texas and West Virginia have affected an employer’s obligations regarding vaccine mandates.

Please select this link to read the complete article from ASAE's Center for Association Leadership.

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