Texas Lawyer magazine has published an article by M2D partner Mike Muskat exploring mistakes employers can make with regard to the COVID-19 vaccine. “Three Common Mistakes Employers Should Watch for When Dealing with Employee COVID-19 Vaccinations” (subscription required) outlines legal issues employers can face if they’re not careful.
In the article, which was originally featured online as part of M2D Insights, Mr. Muskat writes, “now that COVID-19 vaccines are becoming more widely available, many employers are faced with an important decision: whether to require or simply encourage employees to get vaccinated. This decision can be fraught with difficulties if not handled correctly.”
He outlines common mistakes that can lead to liability under the Americas with Disabilities Act (ADA) and similar state laws. They include:
1. Mandating that employees get the vaccine without recognizing exceptions for health conditions and religious beliefs.
2. Participating in administering a vaccine without recognizing the legal perils that come with pre-vaccine medical inquiries.
3. Disclosing employees’ vaccination status to those who do not have a business need to know.
These are just a few of the issues that employers should be aware of when handling employee COVID-19 vaccinations. Not only is it important for employers to familiarize themselves with EEOC guidance, but also to stay abreast of any new developments. When in doubt, consult experienced employment counsel.
Mr. Muskat, who is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, has successfully litigated hundreds of cases on behalf of employers involving nearly every type of employment law claim. He has been named to the 2020 list of Texas Super Lawyers and was recognized by Benchmark Litigation as a Labor and Employment Star.
For more information or to contact Mr. Muskat, click here.