As vaccinations begin to roll out , one question arises: which states and/or employers might adopt COVID-19 vaccine mandates? Over time, this is likely to become a more important issue as the United States concentrates on vaccinating a large amount of its population, especially in the wake of variants and hesitation by some to become vaccinated.
Key takeaways include the following:
It is unclear how much authority the federal government has to institute a general vaccine mandate, which has not yet been tested in the courts, though it is likely limited at best.
The States, however, have well established authority to mandate vaccines to protect public health. For example, all states require vaccines for school attendance, while state vaccine requirements for health care workers vary. More generally, though, states do not use mandates for adult vaccination and up to now have said they are not mandating COVID-19 vaccination.
Some private employers require influenza vaccines for employees in health care settings, unless prohibited by state law, and some employers and universities have already instituted mandates for COVID-19 vaccination for employees and/or students; at the same time, several states have sought to limit their ability to do so.
When in place, under federal law, vaccine mandates may be subject to exemptions based on disability or religious objection.
As COVID-19 vaccination efforts continue, it is important to monitor changes in government or employer policy as well as public opinion on vaccine mandates.
Source: Kaiser Family Foundation, MaryBeth Musumeci & Jennifer Kates, April 7, 2021