Wine Tastings? Museum Admissions? Legal Departments Chase Down Guidance on Vaccination Passports
Carol Goodman, co-Chair of Herrick's Litigation Department and Chair of the Firm's Employment Practice, was quoted in Corporate Counsel in an article discussing the recent guidance around the use of vaccine-based admissions policies or vaccine passports. The article highlights the numerous considerations for corporate legal departments as they devise their own policies.
Carol noted that the firm has been receiving a number of inquiries lately from companies thinking about hosting a wine tasting or other social engagement for clients. After all, with vaccination rates increasing, businesses are eager to begin meeting face-to-face with clients again. Yet some are still unsure about what kinds of admissions requirements they can put in place. Can they ask for proof of vaccination?
The answer might depend on where you are asking the question. “In a situation like [the wine tasting], you really have to look at the guidance for your industry. What does your industry do? And in states like New York, what can you require?” Carol said.
“[Human resources departments] are going to be following a lot of different guidance, depending upon where that office is,” she said.
The industry a company operates within—and how closely that industry interacts with the general public—may also be a factor. Carol said that industry or state-level guidelines or regulations are continuing to emerge on a day-by-day basis, which will require legal departments to pay careful attention when devising vaccine-based admissions policies for events.
New York, for example, mandated vaccine passports for specific venues like Madison Square Garden or attendance at sporting events. “But let’s say we’re talking about something like a museum. You really need to check the guidelines. … Right now, not every company, not every business that allows people from the public in, can require a vaccine,” Carol said.
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