President Biden asks employers to require COVID-19 vaccination

President Joe Biden urged employers and state and local leaders across the country to require COVID-19 vaccinations for workers, after the Food and Drug Administration on Monday granted full approval to the Pfizer vaccine for adults 16 and older.

“If you’re a business leader, a nonprofit leader, a state or local leader who has been waiting for full FDA approval to require vaccinations, I call on you now to do it, require it,” Biden said.

President Joe Biden urged employers and state and local leaders across the country to require COVID-19 vaccinations for workers, after the Food and Drug Administration on Monday granted full approval to the Pfizer vaccine for adults 16 and older.

“If you’re a business leader, a nonprofit leader, a state or local leader who has been waiting for full FDA approval to require vaccinations, I call on you now to do it, require it,” Biden said.

All of these mandates are legal with some narrow exceptions, said Jill Hasday, professor at the University of Minnesota Law School whose expertise include constitutional and anti-discrimination law.

“One of the core functions of government is to promote public safety, and under that sort of reasoning, previous vaccine mandates have been upheld,” Hasday said.

More businesses could follow in a “wave” of vaccination requirements, as Biden implores employers to do. There can be very narrow religious exemptions and protections under the Americans with Disabilities Act, like if getting the vaccine is dangerous for someone with a certain medical condition. In this case, the employer would have to offer a reasonable accommodation.

But in general “the law is on their side,” Hasday says, unless there is a specific law barring such mandates.

Four states have laws that impact private employers and their ability to require vaccination of employees or of customers, according to a list compiled by the National Academy for State and Health Policy.

Some variation of vaccine “passports” are forbidden in 21 states. Minnesota doesn’t have any laws like this.

“I think the case that employers and restaurants can require vaccine mandates is even stronger when it’s already fully approved,” Hasday said. “With permanent approval, it’s more like every other vaccine and there’s a long history of requiring vaccinations.” CBSN Minnesota