On December 22, 2020, Logos Associate Holly Helstrom was quoted in an article on Workable.com on the best practices for a COVID-19 vaccination policy for businesses. Workable, a recruitment software company, surveyed a variety of legal experts on whether and how employers can mandate a COVID-19 vaccine for their employees.
Helstrom, an an Adjunct Instructor at Columbia University’s Fu Foundation School of Engineering who teaches a course on First Amendment rights for employees, explained that an employer has the legal right to introduce a COVID-19 vaccine policy if they’re a private sector at-will employer.
“This is a product of how US labor law and the Constitution are written,” Helstrom noted. “Employers can and have fired employees based on lifestyle choices related to their health, including if they smoke cigarettes or drink alcohol. Refusal to get a COVID vaccine if your employer is requiring one could get you fired and your employer would be within their legal rights to do so.“