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Questions on Vaccines?

Planning for Sustainability and Social Impact

As the US accelerates its goal of delivering safe and effective COVID-19 vaccines, employers, healthcare providers, and many others are considering the potential implications for their industries and organizations. Companies can begin planning now even as issues surrounding each phase of the vaccine rollout continue to take shape.

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COVID-19 Vaccines: Legal Considerations in Light of Latest Developments
January 21, 2021

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AHLA’s Academic Medical Centers and Teaching Hospitals Institute
January 25, 2021

Insights

Updates and Considerations for UK Employers Regarding COVID-19 Vaccines (12/22/2020)

The United Kingdom on 2 December became the first country to approve the Pfizer-BioNTech vaccine for coronavirus (COVID-19), with approximately 500,000 people receiving the vaccine in the first two weeks of the largest vaccination programme in British history.

EEOC Publishes Initial Guidance Addressing COVID-19 Vaccine Considerations for Employers (12/17/2020)

On the heels of the US Food and Drug Administration’s first issuance of an Emergency Use Authorization for a coronavirus (COVID-19) vaccine, the Equal Employment Opportunity Commission published an updated technical assistance bulletin that begins to address some of the questions employers have raised regarding whether they can require employees to get vaccinated for COVID-19, as well as considerations employers should be aware of if they do offer a COVID-19 vaccination program.

HHS Expands PREP Act Liability Immunity (12/08/2020)

With coronavirus (COVID-19) vaccines on the horizon amid the surging pandemic, critical extensions expand the scope of liability immunity under the PREP Act.

COVID-19 Vaccine: Considerations for UK Employers (11/23/2020)

The eagerly anticipated news of coronavirus (COVID-19) vaccine candidates last week has been welcomed by the scientific community across the globe. For employers, the news has prompted consideration of the potential implications of a successful vaccine for the workplace.

OSHA Enforcement Trend Outlook Under a Biden Administration (11/23/2020)

While workplace safety standards have been thrust into the national conversation since the coronavirus (COVID-19) pandemic began, Occupational Safety and Health Administration (OSHA) enforcement has been relatively quiet. That will likely change under a Biden administration.

Managing the Workforce: COVID-19 Vaccines and What’s Next for Hospitals and Health Systems , Health Law Scan (11/10/2020)

Healthcare systems have been on the front lines of the coronavirus (COVID-19) pandemic and may have several questions about how to manage workforce challenges as we look toward the upcoming months.

In the News

Majority of Employers Will Encourage, Not Require, COVID-19 Vaccine, HR Magazine (01/06/2021)

Morgan Lewis associate Daniel Kadish was quoted in an HR Magazine article about best practices for employers amid the COVID-19 vaccine rollout. In the piece, Daniel noted that an employer must provide "reasonable accommodations" to workers who decide not to get the COVID-19 vaccine because of religious or disability concerns.

Legal Tech’s Predictions for Remote Working and COVID-19 in 2021, Legaltech News (01/06/2021)

Morgan Lewis partner Sharon Masling discussed the future of remote working as part of a series of 2021 predictions collated by Legaltech News. Sharon, a director of the firm’s workplace culture consulting group, said, “Although vaccines offer some hope for returning to a pre-pandemic in-person work environment, remote work has become the new normal and employees increasingly expect to have remote work flexibility.”

Six Ways Your Office Will Be Different in 2021 Assuming You Ever Go Back to It, The Washington Post (12/31/2020)

Morgan Lewis partner Sharon Perley Masling spoke with The Washington Post for an article about the likely implications of COVID-19 on the 2021 workplace.

Emergency Virus Vaccine Approval Adds More Risk to Job Mandates, Bloomberg Law (12/30/2020)

Morgan Lewis partner Sharon Perley Masling spoke with Bloomberg Law about the legal questions for employers around mandating the COVID-19 vaccine. “Whether to mandate the vaccine is obviously an industry-by-industry and employer-by-employer decision,” said Sharon. “In most cases, however, our clients are deciding to strongly encourage their employees to get the vaccine rather than require them to do so while the vaccine is under an EUA.”

Employers Should Incentivize, Not Require, Vaccines, Employment Lawyers Say, The Boston Globe (12/24/2020)

Partner Sharon Perley Masling was quoted in a Boston Globe article about best practices for employers seeking for their workforce to get the COVID-19 vaccine.

Employers Can Bar Unvaccinated Employees from the Workplace, EEOC Says, CBS News (12/17/2020)

Morgan Lewis partner Sharon Masling spoke with CBS News about the Equal Employment Opportunity Commission’s recently released guidance that employers can mandate employees be vaccinated for COVID-19 in certain circumstances.

Can Your Employer Require You to Get a COVID-19 Vaccine?, HuffPost (12/04/2020)

Morgan Lewis partner Sharon Perley Masling spoke with the HuffPost about the potential for employers to require employees to get a COVID-19 vaccine. “Most clients right now are leaning toward encouraging rather than requiring the vaccine, just because there are still so many unanswered questions,” said Sharon in the article. “I think it is wise for employers to start planning, but those plans are going to be revised as we get more information.

Employers Start Preparing for the Coronavirus Vaccine with a Question: Can We Require It?, The Washington Post (12/02/2020)

Morgan Lewis partner Sharon Perley Masling spoke with The Washington Post about the unanswered questions employers are facing regarding a potential COVID-19 vaccine.

Could UK Employers Force Staff to Get a COVID Vaccine?, Daily Mail (11/25/2020)

Morgan Lewis partners Matthew Howse, Pulina Whitaker, Louise Skinner, and Lee Harding’s blog post about the potential implications of a successful COVID-19 vaccine for the workplace was featured in recent Daily Mail article.

Push to Develop Vaccine Raises Liability Questions, Business Insurance (July/August 2020)

Morgan Lewis partner Michael Abernathy spoke with Business Insurance for an article about the pharmaceutical industry’s efforts to produce a COVID-19 vaccine.

FDA Guidance Eases Some Covid-19 Vaccine Concerns, But Others Remain, MedCity News (07/19/2020)

Kathy Sanzo spoke with MedCity News regarding the Department of Health and Human Services’ Covid-19 vaccine development program, Operation Warp Speed, which aims to develop vaccines against the SARS-CoV-2 in the space of a year rather than the multiple years normally required

After Finding a Virus Vaccine, the Challenge Is Making Enough, Bloomberg Law (05/28/2020)

Morgan Lewis partner Kathy Sanzo spoke with Bloomberg Law about the efforts by drugmakers to produce a vaccine and navigate a web of US Food and Drug Administration (FDA) regulations.