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Federal Mandate for COVID-19 Vaccine: What’s Next? • September 2021

We already know that employers can mandate the COVID-19 vaccine, as outlined in previous articles where the Equal Employment Opportunity Commission (EEOC) made it clear in 2020, subject to the ADA (medical conditions) and Title VII (religious objections). Since then, politicians in a number of states had been working to make it illegal for employers to mandate the requirement. If not for President Biden’s Executive Order on September 9, there would have been a patchwork of state-by-state regulations to manage. Now, it is likely that there will be some litigation in one or more of the states against the Executive Order. This mandate looks to be headed to the Supreme Court. While the court in the past allowed that employers can mandate vaccines, the question now becomes: can the federal government mandate employers to get their employees vaccinated.

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