Bob Lian Interviewed on BBC re: Legal Dimensions of Vaccination in the Workplace

June 15, 2021

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Akin Gump labor and employment practice head Bob Lian was interviewed on the BBC World Service show Business Matters on the topic of the legality of employers asking to see proof of vaccination.

Among his comments, Lian discussed how, in the United States, it is legal for a company to demand to know the vaccination status of an employee, due to the fact that the rules for employment in the U.S. are mostly subject to the “at-will doctrine.”

He explained that this means that the employer “can set the terms and conditions of employment for employees. It can end the relationship with no notice for any reason whatsoever with or without cause. And that basic rule gives the employer the right to set terms and conditions like requesting an employee show his or her vaccination status and even going so far as to require employees be vaccinated when they return to the office” although, he noted, there are some limitations to that, such as for employees with a recognized disability or a well-founded religious belief that would prevent or preclude vaccination.

The interview also covered recent lawsuits challenging employers’ vaccination requirements

To hear the full interview, beginning at 27:15, click here.

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