Since December 2020, the federal government, beginning with the Equal Employment Opportunity Commission’s initial guidance on the subject, has made clear that mandatory employer vaccine requirements were permissible and did not violate Title VII of the Civil Rights Act of 1964, as amended, or the American with Disabilities Act, which we wrote about previously. The ability of employer mandatory vaccine requirements has consistently been reinforced since that time.
On September 9, the Biden Administration announced a plan by which the U.S. Department of Labor would issue and implement new regulations requiring all private-sector employers with 100 or more employees to enforce mandatory vaccine policies or regular COVID-19 testing for non-vaccinated employees. We are continuing to monitor these developments and will issue updates as they occur. If you have any questions, please contact Matt Tyrrell at firstname.lastname@example.org.