Employer Vaccination Mandates for Covid-19


CLE credits earned: 2 General Credits (Pending WA 2 Law and Legal)

Session I – Employer Vaccination Mandates for Covid-19 – Mark A. Rothstein

With the first Covid-19 vaccine receiving full approval from the FDA, many employers have intensified efforts to have their employees vaccinated. Employer policies to encourage or mandate vaccination and employee objections to mandates implicate several labor and employment laws, including the NLRA, ERISA, ADA, and Title VII. Guidance and regulatory documents from the CDC, FDA, and OSHA also are important to consider. Lawyers viewing this webinar will learn how to analyze employer vaccination policies and determine whether they are likely to be upheld if challenged in court.

Key Topics
•  Legality under ERISA of inducements for employee vaccination
•  Reasonable accommodation under the ADA and Title VII
•  OSHA regulation of healthcare facilities and other workplaces

Session II – Disparities between the state and federal approaches to mandatory vaccination policies – Darra James Coleman

Attorneys will learn how South Carolina has responded to the COVID-19 public health emergency declaration termination at the state level, generally, and mandatory masking and vaccination policies, specifically, during the resurgence of infections and hospitalizations. The discussion will address disparities between the state and federal approaches to mandatory vaccination policies and the emergence of employer policies in the private sector.

Key Topics
•  We will discuss the utilization of a state budget proviso to prevent public schools from imposing masking mandates and the South Carolina Supreme Court’s review of the same
•  We will review the intersection of the State’s rejection of a mandatory masking policy and the statewide low vaccination rate in the public school setting with comparative data from select public school districts
•  Public and private sector employers are developing very diverse vaccination policies reflective of their specific industries and workforce considerations. We will analyze examples of different policies, including incentive programs

Date / Time: September 17, 2021

•   12:00 pm – 2:10 pm Eastern
•   11:00 am – 1:10 pm Central
•   10:00 am – 12:10 pm Mountain
•   9:00 am – 11:10 am Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.

•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

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Original Broadcast Date: September 17, 2021

Professor Mark A. Rothstein_University of Louisville, School of Medicine_myLawCLEProfessor Mark A. Rothstein | University of Louisville, School of Medicine

Mark A. Rothstein holds the Herbert F. Boehl Chair of Law and Medicine and is the Founding Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. He is also Professor of Law at the Louis D. Brandeis School of Law of the University of Louisville. He received his B.A. from the University of Pittsburgh and his J.D. from Georgetown University.

Professor Rothstein has concentrated his research on bioethics, employment law, genetics, health privacy, occupational safety and health law, and public health law. He is the author or editor of 19 books and over 300 book chapters and articles. He has served as an advisor to CDC on coronavirus policy and from 2011-2019 he was Associate Editor for Public Health Ethics and Law of the American Journal of Public Health. He has written widely on public health policy, including Covid-19.

His employment law publications include the following:

•  Occupational Safety and Health Law (Thomson Reuters 2021)
•  Employment Law Treatise with Craver, Hebert, Lobel, Malloy, McCormick & Sperino (2 vols.) (Thomson Reuters, 6th ed. 2019)
•  Cases and Materials on Employment Law with Liebman, Yuracko & Garden (Foundation Press, 9th ed. 2020)

Darra James Coleman_Nexsen Pruet_myLawCLEDarra James Coleman | Nexsen Pruet

Darra James Coleman is Special Counsel in Nexsen Pruet’s Columbia, South Carolina office, where she practices Health Care law. Darra has more than 20 years of diverse experience serving both public and private sector clients. Prior to joining Nexsen Pruet in March of 2020, Darra served as Chief Advice Counsel and policy counsel for the South Carolina Department of Labor, Licensing and Regulation for almost 8 years. In that capacity, she managed the legal team that provides in-house legal services to 42 professional and occupational licensing boards and offered guidance in the development of policies relating to the opioid epidemic, telehealth, and interdisciplinary cooperation amongst regulated professions.

COVID-19 has afforded opportunities for Darra to help her clients creatively respond to novel regulatory compliance challenges, while assisting others with more traditional disciplinary issues before administrative agencies. Darra enjoys drawing upon her experience in both the private and public sectors to help clients navigate emerging issues. Darra is a certified family and circuit court mediator and offers litigation experience on behalf of diverse clients including insurance carriers, governmental entities, personal injury claimants, small businesses, construction contractors, school districts, and licensed professionals, including health care workers, construction industry professionals, and attorneys.

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Session I – Employer Vaccination Mandates for Covid-19 | 12:00pm – 1:00pm
I. The role of vaccination in maintaining a healthy workforce | 12:00pm – 12:12pm
II. Legal considerations in encouraging vaccination or penalizing non-vaccination | 12:12pm – 12:24 pm
III. Reasonable accommodations for employees medically unable to be vaccinated or with religious objections to vaccination | 12:24 pm – 12:36pm
IV. Legality of mask requirements and other mitigation strategies | 12:36pm – 12:48pm
V. Employers’ role in ending the pandemic | 12:48pm – 1:00 pm

Break | 1:00 pm – 1:10pm

Session II – Disparities between the state and federal approaches to mandatory vaccination policies | 1:10pm – 2:10pm
I. Utilization of a state budget proviso to prevent public schools from imposing masking mandates: South Carolina Supreme Court’s review | 1:10 pm – 1:30pm
II. The intersection of the State’s rejection of a mandatory masking policy and the statewide low vaccination rate in the public school | 1:30pm – 1:50pm
III. Examples of different policies, including incentive programs: public and private sector employers | 1:50pm – 2:10pm