Can Business Still Require the Vaccine Despite the Supreme Court Decision?

Most workplaces can, but some states have passed laws that limit the effectiveness of those mandates.

Answer by Kara Govro, Chief HR Legal Expert

Last week, the U.S. Supreme Court halted President Biden’s vaccine and testing mandate for employers. Can workplaces still mandate vaccines anyway? originally appeared on Quora, the place to gain and share knowledge, empowering people to learn from others and better understand the world.

Most workplaces can, but some states have passed laws that limit the effectiveness of those mandates by requiring broad exemptions, and Montana disallows mandates completely. If you’re in one of those states with limitations (currently Kansas, Utah, Florida, North Dakota, Tennessee, Alabama, Arkansas, Iowa, Texas, and West Virginia) you’ll want to make sure that you’re following the letter of the law when drafting your mandate and describing the exemption process.

Even in states without limitations, most employers will need to allow exemptions from vaccine mandates for employees who have a disability or sincerely held religious belief that prevents them from being vaccinated. The exemption requirements stem from federal laws that apply to employers with 15 or more employees, but many states have similar protections that kick in at a lower employee count. In most cases, employees who are found to be exempt from an employer’s vaccination mandate should be asked to take other safety measures, such as wearing a more effective mask, maintaining social distance, or working from home. Employers who want to implement a vaccine mandate should think through the processes they will put in place for exemptions ahead of time.

Mandating vaccines may also pose a risk to morale. In general, people don’t like being told what to do, and if you have a significant number of employees who oppose vaccination, you may be setting yourself up for mutiny or high turnover. On the other hand, not requiring vaccination may cause significant anxiety for more cautious employees, especially if they have to work in close quarters with coworkers whose vaccination status is unknown. And this concern is likely to be exacerbated if you aren’t requiring masks or other safety measures in the workplace. Ultimately, each employer will need to make a decision that balances their desire for safety against the impact on their workforce.

This question originally appeared on Quora, and was published January 20, 2022 on Apple News.