Employers, universities and local governments can all issue some type of vaccination requirement. Here’s what to know about the mandates.,
Who Can Make You Get a Covid Vaccine?
Employers, universities and local governments can all issue some type of vaccination requirement. Here’s what to know about the mandates.
A mobile vaccination site in New York last month. New York City will require proof of vaccination for a variety of activities for workers and customers, including indoor dining, gyms and performances.Credit…James Estrin/The New York Times
Millions of Americans have chosen not to get a coronavirus vaccine. But with the shots readily available and virus cases ticking back up in parts of the country, a growing number of employers, universities and businesses are now issuing some form of a vaccine requirement.
Under many of these orders, those who remain unvaccinated, including people who can’t get a vaccine because of a disability or conflicting religious beliefs, will instead have to follow strict guidelines like regular Covid testing, masking and social distancing.
“I think probably what these companies are thinking — for those individuals — requiring them to be masked, or constantly tested, is a reasonable accommodation,” Joel Friedman, a law professor at Tulane University, said. “And that’s probably correct.”
Another component of the shifting landscape on vaccines is their expected full approval by the Food and Drug Administration. The vaccines are currently administered under an emergency use authorization, so full approval could alleviate concerns over their safety — and encourage even more organizations to make them a requirement.
Here’s a look at who could ask you to get the vaccine:
Can your employer require you to get the vaccine?
The short answer is yes, though a vast majority have not.
Any company is within its legal rights to require employees get vaccinated, barring any conflicting disability or religious belief, according to the U.S. Equal Employment Opportunity Commission.
Walmart, the nation’s largest private employer, is requiring that a good chunk of its workers — an estimated 1.6 million, including those at its headquarters — receive a vaccine.
The Walt Disney Company, Google, Facebook, Tyson Foods and Uber are some of the other large companies requiring at least some of their employees to be vaccinated.
State governments and the Biden administration have also issued vaccine mandates in their capacity as employers, but not in a way that affects the general public.
As many as seven million federal workers are now required to show proof of vaccination, under new guidelines announced by President Biden in late July. If they do not, they’ll have to follow strict rules on mandatory masking, weekly testing and social distancing. The military said it would follow suit with its employees.
States like North Carolina, New York and California are also requiring their state employees do the same. And mandatory vaccination orders are also popping up for workers in state hospital systems across the country. This includes most hospitals in Massachusetts, some in South Carolina and others in North Carolina.
And these requirements aren’t a HIPAA violation, either — while the act protects a patient’s confidential health information, including what one’s health care provider can share with others, it doesn’t cover what employers can ask for.
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What about your college or university?
Yes. And they may have already done so if you attend one of the more than 500 colleges and universities — including the university system in states like California, Illinois, Colorado and New York — that are making the vaccine an enrollment requirement if students want to take classes in-person this coming semester.
While some campuses are asking students to provide a proof of vaccination, others are incentivizing students with exemptions from mask mandates.
But that doesn’t mean everyone is happy. A federal judge upheld Indiana University’s vaccine requirement last month after a group of students filed a lawsuit. The mandate is also a challenge for international students who may not have access to one of the eight W.H.O.-approved vaccines.
What about children in K-12 schools?
That can depend on whether the child is in a public or private school. While children ages 12 to 17 are now eligible for the vaccine, and it’s likely that younger children will become eligible this fall, it’s not a requirement for attending a public K-12 school anywhere in the country.
Private schools, along with day care centers and camps, can decide whether to require their students to get a vaccine or not.
Most children already receive routine vaccinations for other diseases, like tetanus, polio and chickenpox, to fulfill school enrollment requirements. So a state-level requirement for a Covid vaccine in the future is a possibility.
Understand the State of Vaccine Mandates in the U.S.
College and universities. More than 400 colleges and universities are requiring students to be vaccinated for Covid-19. Almost all are in states that voted for President Biden.Hospitals and medical centers. Many hospitals and major health systems are requiring employees to get the Covid-19 vaccine, citing rising caseloads fueled by the Delta variant and stubbornly low vaccination rates in their communities, even within their work force. In N.Y.C., workers in city-run hospitals and health clinics will be required to get vaccinated or else get tested on a weekly basis.Federal employees. President Biden announced that all civilian federal employees must be vaccinated against the coronavirus or be forced to submit to regular testing, social distancing, mask requirements and restrictions on most travel. State workers in New York will face similar restrictions.Can your employer require a vaccine? Companies can require workers entering the workplace to be vaccinated against the coronavirus, according to recent U.S. government guidance.
Could your local or state government require you to get the vaccine? What about the federal government?
Local and state governments can enforce a vaccination because of a legal precedent set by the 1905 Supreme Court ruling in Jacobson v. Massachusetts, which let states require their residents get smallpox vaccinations.
New York City will this month begin requiring proof of vaccination for dining inside restaurants, entering fitness centers and taking part in other indoor activities. The city will begin enforcing the mandate in September.
At the same time, some states, like Florida, are using their authority to enforce the opposite, and have banned agencies and businesses from requiring proof of vaccination.
And as for the federal government, that’s a no. The director of the C.D.C., Rochelle Walensky, confirmed in July that there would be no nationwide mandate.
What if you want to travel internationally?
It depends. While certain countries remain closed to Americans, those that welcome travelers require either proof of vaccination, or a recent negative Covid test. So long as you can provide the latter, a vaccination usually isn’t required.
What about other businesses where you’re just a customer?
It depends on where you live.
A handful of restaurants in major cities like Philadelphia and Los Angeles now require customers show proof of a vaccination. A couple of restaurants and bars in Kansas City are also doing the same. Only some of these places will let customers present a recent negative Covid test instead.
Similar policies are showing up in gyms. Equinox and SoulCycle will require their customers and staff in New York City provide proof of vaccination next month before extending the same requirements to other locations.
Mr. Friedman, who anticipates that more businesses will require vaccinations in the future, maintains that the legal precedent for mandating vaccines is already there.
“It’s not a legal decision,” he said. “It’s a political and economic judgment that these companies are making.”