COVID-19 Vaccination: A Littler Global Guide on Legal & Practical Implications in the Workplace (January 2022 Update)

The Firm’s International Practice Group has once again updated its COVID-19 Vaccination: A Littler Global Guide on Legal & Practical Implications in the Workplace. Two years into the pandemic, experts agree that – in the absence of newly emerging and highly transmissible variants – COVID-19 might lose its pandemic status before the end of 2022 due to the development of various COVID-19 vaccines and increasing global vaccination rates. Until then, governments around the world likely will continue imposing vaccination mandates, workplace restrictions, and other measures to stave off the spread of the virus. This updated guide helps multinational employers ascertain their legal obligations within the current employment law landscape to inform their business decisions.

This January 2022 update of the guide covers over 50 jurisdictions, addressing important topics (some new), including:

  • What percentage of the population is partially or fully vaccinated?
  • When is a person considered “fully vaccinated” for COVID-19? (New)
  • New laws, regulations, or guidance dealing with COVID-19 vaccinations
  • Legislation, executive order, decree, or constitutional provisions mandating vaccination or prohibiting mandatory vaccination for COVID-19 (New)
  • Law, order, or decree providing alternatives to compliance (such as COVID-19 testing, exclusions from mandatory vaccinations, etc.) (New)
  • Litigation challenging a vaccination mandate (whether imposed by the government or employers) (New)
  • What are the government-imposed workplace restrictions and guidance?
  • Can an employer require employees or applicants to be vaccinated?
  • Can an employer ask an employee/applicant to disclose vaccination status?
  • What are the privacy implications of such inquiries/requirements?
  • Can an employer require service providers and/or visitors to provide proof of vaccination or negative COVID-19 test result in order to allow them entry to the premises? (New)
  • Are there any government-imposed restrictions on international business travel? (New)
  • Financial incentives to get vaccinated and their legal, tax and benefits implications
  • Legal protections from a vaccine mandate (including religious and disability accommodation)
  • Employers’ duties in a collective representation setting
  • Related topics within the context of employee benefits, teleworking, record keeping, etc.

This guide is for informational purposes only, and not intended to substitute for legal advice. Littler reserves the right to distribute this guide to current and prospective clients only. Because the COVID-19 situation is fluid, employers should consult with counsel for the latest developments and updated guidance on this topic.

Special thanks to Geida D. Sanlate, Knowledge Management Counsel, and her colleagues on Littler’s Knowledge Management team Kristen Countryman, Tessa Gelbman, Deanne Meyer, Roberta Limongi Ruiz, and Susie Wine, for helping to manage and produce this guide.

To request a copy of this guide, please contact Knowledge Management Counsel Geida Sanlate at gsanlate@littler.com.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.