Five out of Ten Lawyers Recommend

Vaccination for Your Workplace!

Scott Prange and Nate Bailey

(206) 247-7022 and (206) 247-7021
sprange@fisherphillips.com and nbailey@fisherphillips.com

fisherphillips.com
ON THE FRONT LINES OF WORKPLACE LAW TM
 “To V….or not to V, that
is the question?”

• Does your company really need a

vaccination policy?

• What should you consider legally if you

adopt one?

• What are best practices for drafting?

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 “What’s past is not prologue”
• Life science industry was already
moving toward remote work

• COVID-19 accelerated this shift

• Move to digital, remote tools has

accelerated workforce agility, flexible
collaboration, and innovation

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 “NOTHING IS BUT
WHAT IS NOT”

• Is a policy actually needed to

encourage your workforce to
vaccinate?
• Vaccine relatively unavailable;
inaccessible by many
• Vaccine is just one arrow in your
quiver
• Lack of guidance from CDC,
OSHA/WISHA, EEOC, and
other agencies
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 “There are more things in
heaven and earth, LSW, than
are dreamt of in your policy”

• EEOC guidance (GINA / ADA)

• Not a “Medical Test”
• But is it a “Disability Inquiry”?
• Contracting HCP
• Referring to PCP
• Accommodating Disability
• Accommodating Religion
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 “There are more things in
heaven and earth, LSW, than
are dreamt of in your policy”

• Workplace Safety (OSHA/WISHA)?

• Equity?
• Disparate impact?
• Vaccine hesitancy?
• Collective bargaining?
• Multi-jurisdictional Issues and travel?
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 “There are more things in
heaven and earth, LSW, than
are dreamt of in your policy”

• Employee privacy?

• Vaccine bias?

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 “The first thing we do, let’s hire all the
lawyers”
• Option 1: Mandate Vaccination
• Uncertainty (could run afoul of future
guidance and/or rules)
• Availability/Accessibility
• Liability
• Safety (employees, vendors, guests,
etc.)
• Equity

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• Disparate impact
 “The first thing we do, let’s hire all the
lawyers”

• Option 2: Incentivize Vaccination

• Uncertainty (might run afoul of
future guidance or rules)
• Liability
• ERISA, HIPAA (wellness
program rules)+ ADA/GINA
(expected guidance)
• Equity
• Disparate impact
• Labor considerations
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 “The first thing we do, let’s hire all the
lawyers”

• Option 3: No Policy

• Maintain flexibility to follow new

guidance or rules (wait and see)

• Liability

• Employee concerns

• Safety
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 “For to define true policies,
What is’t but to be nothing
else but mad?”

• Be consistent with strategic

goals (e.g. future of work,
flexible work arrangements)
• Ensure compliance with
applicable laws
• Anticipate what might go wrong
• Anticipate employee concerns
• Avoid overdrafting
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 Final Questions

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ON THE FRONT LINES OF WORKPLACE LAW TM
 Thank You
Scott Prange and Nate Bailey
(206) 247-7022 and (206) 247-7021
sprange@fisherphillips.com and nbailey@fisherphillips.com

fisherphillips.com
ON THE FRONT LINES OF WORKPLACE LAW TM