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Can the COVID-19 vaccine be mandatory? Perspective for employers and employees.

COVID-19 vaccinations have already started in parts of Illinois. As news of the rollout spreads, many employers and employees have questions about vaccines in the workplace. Should businesses require them? Can they legally require them? Can employees refuse? While no simple answers exist, current laws provide guidance.

Employer Perspective

Employers must provide a safe work environment. COVID-19 outbreaks highlighted the dangers of the virus in certain industries. Companies must decide whether to mandate vaccines for employees. Illinois employment law guides the legality of these decisions, but each company must weigh its own circumstances.

Employers can require vaccinations if they are necessary for the business and job function, according to standards under the Americans with Disabilities Act. Employers should proceed cautiously. High anxiety levels and employee refusals could disrupt operations.

Employee Perspective

Many people want the vaccine, but employees may have concerns about mandatory workplace vaccinations. Some objections, such as religious beliefs, may allow an employee to seek exemption. Employees must clearly demonstrate how their religious beliefs conflict with the mandate.

Illinois is an at-will employment state. If an employee refuses vaccination without an approved exemption, the employer can legally terminate them. Most major companies, however, encourage vaccination and provide resources rather than enforce mandates.

Edward P. Graham

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