2021 LS&HC Horizons - Flipbook - Page 12
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Hogan Lovells
Approaches to COVID-19 vaccination programs in the biotech industry
Should biotech employers mandate that their
employees receive COVID-19 vaccinations? The
Equal Employment Opportunity Commission
(EEOC) has implied that a mandatory program
is lawful, and mandating vaccinations may result
in a higher percentage of the workforce being
vaccinated. But employers cannot practically
mandate vaccines until vaccines become more
widely available. Employers mandating vaccines
must also accommodate employees on the
basis of disability and religion. If an employer
implements a mandatory program, in order to
administer vaccines on its own or contract with
a party to do so (rather than allowing employees
to obtain the vaccine independently), it must
meet a heightened legal standard of showing that
an employee who does not get vaccinated will
pose a direct threat to the health or safety of her
or himself or others. This standard may pose a
significant inconvenience for biotech employers
that desire to offer on-site vaccination clinics to
employees.
Employers may alternatively consider
implementing a voluntary program. Employers
offering a voluntary program generally can
avoid dealing with questions of disability and
religious accommodations, and are likely able to
implement an on-site vaccination clinic without
meeting the heightened legal standard above.
Employers implementing voluntary programs
may offer modest incentives to employees for
getting vaccinated.
George Ingham
Partner, Northern Virginia
george.ingham@hoganlovells.com
Zach Siegel
Associate, Philadelphia
zachary.siegel@hoganlovells.com
You can access all of the
firm’s latest publications,
webinars, and useful tools
on the Hogan Lovells
COVID-19 Topic Center.
