Employee Benefit News for School, City and County Employers

State’s COVID-19 Vaccine Passport and Mandate Restrictions

Written by Valerie Ortiz | Dec 9, 2021 3:39:34 PM

1.5 minute read

Some states have enacted laws that prohibit businesses and other entities from requiring individuals to receive or provide proof that they have received a COVID-19 vaccination. Most of these bans or restrictions are pre-empted by the new Emergency Temporary Standard (ETS) issued by OSHA (Occupational Safety and Health Administration). A federal court has temporarily blocked the ETS from going into effect.

Federal fair employment laws allow employers to have COVID-19 vaccine mandates as long as they provide exceptions for religious and medical reasons. Many states either already have or have recently enacted similar exception requirements.

Employers with 100 employees or more should make sure that they are compliant with the ETS. Employers with 15 or more employees should also become familiar with guidance issued by the EEOC (Equal Employment Opportunity Commission) regarding how to comply with federal fair employment laws during the pandemic.

Download the bulletin to see which state laws currently restrict or prohibit COVID-19 mandates or passports.

This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.