Can Employers Force Employees To Get Vaccinated Or Return To The Office?

As companies across the country announce their return-to-work plans, leaders should consider their employees—and the fact that they may not want to go back to the office.

The latest 2021 Edelman Trust Barometer shows that 60% of 2,500 Americans surveyed believe employers should not force employees to go back to the workplace before they are ready. And though much of the nation’s pandemic response has been politicized, 48% of people who voted for former President Donald Trump in the 2020 election agree with this sentiment, as do 68% of those who voted for President Joe Biden.

If companies want workers back in the office, they need to first identify legitimate reasons for their return, says Denise Rousseau, a professor of organizational behavior and public policy at Carnegie Mellon University’s Heinz College.

“What are the real motives to invite people back? If that’s to legitimize prepandemic decisions we made to buy office equipment or lease building space, it’s not rational,” she says. “You are not supporting your organization’s goals or supporting your people well [if so].”

And while more than 110 million people have received a Covid-19 vaccinate, 69% of survey respondents believe the decision to get vaccinated should be a personal one, not to be made by an employer. Of those 69% of Americans, 41% think those who choose not to get vaccinated should be allowed to return to the workplace, as long as they take precautions.

Legally, employers can require at-will employees to get vaccinated, says Kevin Troutman, a partner at labor and employment law firm Fisher Phillips. There are, however, two exceptions to this rule, the first being for employees who cannot get the vaccine for medical or religious reasons. State and local laws that may also restrict employers’ ability to enforce vaccine mandates.

“Work with your employees as much as you can, rather than coming across as strictly dictating.”

Covid-19 vaccine mandates—and the associated legal challenges—are still in their infancy. In February, a corrections officer reportedly sued a New Mexico county over a vaccine requirement for first responders and other employees. The officer is allegedly facing termination for declining a vaccination, though the county’s attorney told the Associated Press that the county stood behind its policy, pointing to FDA guidance.

This, Troutman says, is why employers need to be prepared to explain why it’s necessary to have workers in the office. “As a practical matter, employers have to consider how many of their employees will have reservations about that and not do it because they are worried about safety issues,” he says. “Do you want to have a fourth or a third or a fifth of your workforce that is distracted, upset or afraid to come to work?”

There is one thing most everyone can agree on: 81% of respondents want their employers to share coronavirus and vaccine updates weekly, if not more frequently. In fact, more people trust their employers to respond effectively and responsibly to the pandemic than national health authorities or the government, the survey found.

“My advice has continued to be to listen to your employees to find out what their concerns are. Try to meet them where they are. If they are worried about specific issues, try to provide information,” Troutman says. “Work with your employees as much as you can, rather than coming across as strictly dictating.”