To Mandate or Not - Vaccine Policy Decisions and Liability Analysis for Employers and Businesses
Recorded On: 08/11/2021
As the COVID-19 vaccination continues to be distributed across the nation, many businesses are looking forward to a “return to normal” with employees coming back to the workplace. But many employers are grappling with whether or not to mandate vaccines as part of their return-to-work policies. Employers must ensure that their return-to-work policies, including any vaccination mandates, comply with federal and state regulations governing vaccinations and/or discrimination in the workplace.
Employers need to develop policies and procedures that meet the criteria of the federal Equal Employment Opportunity Commission (EEOC), while establishing safety measures in the workplace, and must take into consideration all the landmines that can expose Employers like the Americans with Disabilities Act (ADA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), privacy issues, reasonable accommodations and compliance of other regulatory entities.
Topics to be discussed:
- Legal considerations of mandating the vaccine for employees
- Lawful incentives to encourage vaccination among your employees
- Analysis of exposure to future claims and immunity from tort liability
- HIPAA, record-keeping and confidentiality concerns for vaccine records and COVID-19 tests
This webinar will be recorded and available on-demand shortly after the live webinar.
Sandra Andre is an attorney in Miller Johnson’s employment and labor section. She counsels a diverse group of employers and human resource practitioners on a full spectrum of employment-related legal issues. These range from affirmative action to FMLA and from wage and hour compliance to union management. Ms. Andre is a part of the employment litigation team defending employers in cases, including claims such as discrimination, harassment and wrongful termination. She is experienced preparing for trials and hearings. This includes drafting motions, reviewing depositions and conducting legal research. Ms. Andre holds a PHR (Professional of Human Resources) certification and was also a Certified Professional from the Society for Human Resources Association (SHRM-CP). She practiced in the human resources field for more than 11 years in the central Michigan-area, including leadership positions in healthcare, manufacturing and higher education.
Sarah K. Willey
Sarah K. Willey is an attorney in Miller Johnson’s employment and labor section and has been practicing law since 1997. Her practice is focused on representing clients ranging from small family-owned businesses to large multinational corporations in labor and employment law matters, as well as representing housing providers in fair housing matters. She serves on Miller Johnson's Management Committee and chairs the firm’s FMLA/ADA Solutions practice group. Ms. Willey works with a diverse clientele to provide counsel on a wide-range of employment-related legal issues and disputes. Her employment and labor knowledge and experience provide the foundation for her to partner with clients, to develop personnel policies and management training programs. This proactive and preventive approach fosters positive employment relations and long-term profitability. Clients have come to trust that she provides timely and current advice on employment issues. Ms. Willey has significant experience working with employers on issues related to medical issues in the workplace. In fact, her advanced knowledge on issues related to the FMLA and ADA earned her the title of “point person” for her peers (approximately 30 employment and labor attorneys) at the firm. She advises employers about their rights under the FMLA and ADA, and stresses the potential liability resulting from not paying close attention to the laws.
One (1) HR (General) recertification credit hour for PHR, SPHR and GPHR recertification through the HR Certification Institute.
One (1) PDC for the SHRM-CP or SHRM-SCP.