The U.S. Centers for Disease Control and Prevention (CDC) recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce. The flu season typically runs between October and May with a peak in January and February, but surprisingly high numbers of infection, hospitalizations, and flu-related deaths sprouting in late August has raised the attention of employers.
Despite the threat and the CDC's strong encouragement to inoculate against influenza for the past few months, the number of flu shots administered across the country is lagging at this stage in the season. Even outside the healthcare industry – where required annual flu shots are standard practice – some employers that are already facing staffing shortages may be tempted to mandate the flu shot to avoid outbreaks and maintain necessary staffing levels. What are the two main legal and practical considerations you should take into account before making this determination?
In a "post-pandemic" workplace where precautionary measures have become familiar, controversial mandatory inoculations continue to represent a double-edged sword in employers' efforts to maximize workplace safety. In fact, the analytical framework for flu shots initially guided the discussion on whether private-sector employers could require employees to receive the fast-tracked COVID-19 vaccinations.
Federal law allows most private...
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