Many employers are deciding whether they can—or should—require employees to receive a COVID- 19 vaccine. Here’s what we know so far:

Employers Can Legally Require Vaccination, With Some Exceptions.

The general rule, with some exceptions, is, yes, employers can require employees to be vaccinated. There are three main exceptions to the general rule: disability accommodations, religious accommodations, and healthcare workers in Oregon. Current guidance from both the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Oregon Bureau of Labor & Industries (“BOLI”) confirm this position. See our previous E-Alert on the EEOC’s guidance for more details.

Here are the exceptions:
  • Disability Accommodations: Employers must provide reasonable accommodations for employees who object to being vaccinated due to a disability, unless it would impose undue hardship.
  • Religious Accommodations: Employers must provide reasonable accommodations for employees who object to being vaccinated due to sincerely held religious beliefs, unless it would impose undue hardship.
  • Healthcare Workers in Oregon (ORS 433.416): Oregon law provides that healthcare workers may not be required to receive immunization as a condition of work unless the immunization is otherwise required by federal or state law, rule or regulation. See our previous E-Alert on this Oregon statute for more information, including who is a healthcare worker under this statute.