CDC Vaccine Guidance Offers ‘Road Map’ For Employers

March 10, 2021 – Media Mention
Law360

Carol Goodman, co-Chair of Herrick's Litigation Department and Chair of the Firm's Employment Practice, was quoted in Law360 in an article discussing the CDC's recent vaccine guidance. Although it is still too early for employers to loosen the reins on workplace safety rules, experts say the CDC's March 8 guidance is being closely scrutinized because it's the first time the agency has weighed in on whether people who get the vaccine can pull back on safety measures like mask-wearing and social distancing, which have become staples of pandemic-era life and workplaces.

"While the guidance wasn't primarily aimed at workplaces and instead focused on small, private gatherings, it may inform how employers approach their current operations or how they craft return-to-work plans since it won't be the last word from public health officials," said Carol. She added, "It doesn't apply to the workplace, but at some point it will because this is simply the first step."

For employers, Carol noted that the questions arising in the workplace as companies look ahead to more people getting the COVID-19 vaccine have so far included whether safety requirements can be relaxed — "not yet," she said — and whether vaccines can be mandated, to which her answer was "yes, with exceptions."

"I would say that prevention measures should continue as is in the workplace" for the time being, Carol said.

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