Consumer ISG - Holiday Guide 2021 - Flipbook - Page 4
The Hogan Lovells Holiday Guide 2021
Ho-ho-hold up:
Vaccination requirements
for in-person shopping
Carina Tenaglia, Washington D.C.
In the season of spreading holiday cheer and stocking
up on gifts, some retailers find themselves stuck between
a rock and a hard place when it comes to fighting to stop
the spread of germs and deciding whether to require
COVID-19 vaccinations for in-person shoppers.
In the United States, the federal government has
mandated that federal employees must be vaccinated,
which has led to the promulgation of other similar
mandates throughout the country but has left
businesses dealing with a patchwork of state and
local requirements, or in many cases, no government
requirements, until a federal mandate for all
businesses with 100 employees or more comes into
effect (in January pending litigation challenging such
mandate delays or prevents implementation). Some
employers, like Goldman Sachs, Google, and Disney,
have rolled out variations of vaccine requirements
for their personnel. But what about retailers?
Some retailers are holding steadfast to their requirement
that all customers, whether vaccinated or not, wear masks
while shopping in person. Others have taken a step back,
perhaps only requiring masks for unvaccinated patrons.
And others have abandoned these rules altogether.
This holiday season may be our second during the
pandemic, but it is the first with widely available
COVID-19 vaccines. Dining establishments ranging
from Shake Shack to Jose Andres’ renowned restaurants
have begun requiring proof of vaccination for their
customers. However, many retailers have expressed
hesitancy about enforcing vaccine requirements for
customers – in part due to their concern about the
safety of their employees in the event disgruntled
customers refuse to abide by such policies and threaten
the safety of such employees. Many employers have also
expressed their uncertainty with respect to potential legal
liabilities, and the potential efficacy of such mandates.
At this time, it looks like retailers have resorted to
encouraging vaccination and use of masks, but for
the most part have not taken the position of requiring
vaccination. But as flu season enters its peak and
COVID-19 case numbers fluctuate, we may see a
shift in these approaches this holiday season.
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