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As the rollout of various Covid-19 vaccines progresses across the country, issues arising from vaccination and testing requirements in the workplace are multiplying.  Can employers require their employees to obtain vaccinations as a condition of employment, or as a condition of returning to the workplace?   Can vaccination and testing be mandated for certain employees, but not for all employees?  Should employers provide incentives to employees who receive a Covid-19 vaccine?  What risks should employers and their general counsel be most focused on?

We invite you to join Kasowitz Benson Torres LLP employment litigation partners Mark W. Lerner and Jessica Taub Rosenberg in a follow-up discussion to their January PLI Briefing, “Mandating Covid-19 Tests and Vaccines in the Workplace: Legal Issues and Liability Risks.”  Mr. Lerner and Ms. Rosenberg, who continue to provide clients with strategic guidance on Covid-19 issues, will share the most up-to-date information on legal considerations around mandating testing and vaccinations of workers, and how to address liability risks that may arise.  Topics will include:

  • Covid-19 Testing (30 minutes)
    • Legal issues to consider when requiring Covid-19 testing of workers, including under the Americans with Disabilities Act, state analogues, and relevant EEOC and CDC Guidance
    • Questions employers can, and cannot, ask employees relating to Covid-19, and information security
    • Handling the positive test result, and a Covid-19 case, in the workplace
    • Current litigation relating to testing in the workplace
  • Covid-19 Vaccinations (30 minutes)
    • Employers’ right to require Covid-19 vaccination of its workers
    • Legal bases for exemption from a vaccination requirement on religious or disability grounds
    • Handling pre-screening questions which seek medical information, and avoiding legal risk
    • Evaluating requests for reasonable accommodations
    • Protections against employer liability, including the PREP Act, and current litigation
    • Should your company mandate vaccination of all employees?



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