Employers will be able to order the vaccinations of their workforces when it becomes available, according to legal experts.
But there are exceptions and it is unlikely employers in Missouri will force employees to take the COVID-19 vaccine, says Gregg Lemley, an employment lawyer with Ogletree Deakins in St. Louis.
"It's definitely an issue employers are watching closely," Lemley told the St. Louis Record. "By and large if you ask can an employer mandate a vaccine, it is a qualified yes."
Health experts, including the Centers for Disease Control and Prevention (CDC), have described the coronavirus as a direct threat to health and safety in the workplace, so it is permissible to mandate, with notable exceptions, the defense attorney explained.
The two exceptions are those who object on religious grounds and anyone who has medial issues, for example someone with an auto-immune disease.
These are covered under state law and federal legislation, including Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA).
Vaccines are expected to be available in Missouri next week if the FDA approves the Pfizer/BioNTech two stage jab.
While a mandate is permissible, it is very unlikely many employers will go down that route, Lemley said.
"The vast, vast majority I have talked to in terms of clients say they are unlikely to move forward with mandatory vaccination," the attorney said.
They are informed by surveys suggesting that only about 50 percent are willing to take the vaccine at this point.
If employers try to force the issue, they could end with disgruntled employees and ones that will leave if the company is in the position of being overwhelmed with work, as some are depending on the sector.
This is all subject to change, Lemley says, as many more people may start believing the vaccine is safe if a public relations campaign in support is successful.
Some industries, including meat packing and processing, where workforces have been badly hit by the coronavirus, are advocating to be at the top of the queue for vaccinations.
"They may strongly encourage workers, maybe even incentivize," Lemley predicts.
On potential lawsuits, the attorney says: "I am not comfortable it is not going to be a problem, likely a wave of lawsuits over various issues, and employers are between a rock and hard place."
If they follow all the current guidance from federal, state and local officials, they may be sued but will be in a strong position. Suits could be filed under workers' compensation statutes or under the Occupational Safety and Health Act, under rules that employers must provide a safe workplace.
But Lemley sees issues only if employers entirely ignore all guidelines, including no masks, no contact tracing and not offering the vaccine.