Andrea Kirshenbaum Examines COVID-19 Vaccination Programs for Employers for Law360
In the September 30, 2020 Law360 article, "Employers Should Plan For Vaccine Religious Exemptions," Andrea M. Kirshenbaum examines the case law history for employer vaccination programs ahead of a potential COVID-19 vaccine and how employers can structure related vaccination policies.
"If employers mandate the vaccine for any category of employee, they need to create an exemption process for religion and disability. Since at this point we do not know the components of the future vaccine or the medical contraindications, the disability exemption protocol will need to take place after FDA approval. Employers can, however, develop their religious exemption process now and evaluate all requests in advance of FDA approval. That way, when the vaccine becomes available, employers will be poised to immunize their workforce — following the disability exemption process."