As CDC lifts mask mandate, can companies require vaccines and reopen? Here are some considerations

On May 13, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance stating that individuals who are fully vaccinated against Covid-19 “can resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” So, is it time to return to the office? And can companies require employees to get vaccinations in order to make reopening happen? How many workers will want to come back anyway?

All good questions. It’s still too early for definitive statistics on the effects of the CDC lifting its mask mandate for fully vaccinated persons, but here are some resources we found that explore the legal and practical repercussions and offer some guidance and solutions:

• Center for Infectious Disease Research and Policy (CIDRAP) [May 14]: “Mixed reactions to CDC’s revised COVID mask mandate” (quotes Dr. Anthony Fauci, lists state policy changes)
• Society for Human Resource Management (SHRM) [May 14]: “Workplace Experts Advise Caution as CDC Lifts Mask Recommendations: Check local and state requirements before ditching masks at work”
• National Law Review [June 5]: “COVID-19: Returning to A Mask-Free Workforce? Not Quite Yet” (includes explanation of CDC vs. OSHA jurisdiction, in relation to the workplace)
• Society for Healthcare Epidemiology of America (SHEA) [May 13]: “Healthcare Personnel Must Continue SARS-CoV-2 Prevention, Even as Community Guidelines Relax”
• Society for Human Resource Management (SHRM) [May 20]: “Employers Should Be Cautious When Asking About Vaccination Status”
• Troutman Pepper law firm on JD Supra [May 18]: “What Employers Need to Know About the CDC’s New Mask and Physical Distancing Guidance”
• National Safety Council (NSC) [May 11]: “NSC Calls on Employers to Lead Vaccine Promotion and Uptake: Vaccines are clearest route to safe, productive return; recommended actions for increasing vaccine uptake include paid time off and on-site vaccination”
• U.S. Equal Employment Opportunity Commission [prior to May 13]: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”
• CastleBranch’s RealVaccinationID.com cards [prior to May 13]: “Looking to Implement a COVID-19 Vaccine Requirement for your Business, School or Organization? It’s Trickier Than It Looks — But One Company Can Help”

As to the question of whether workers will even want to return to the office once it is open, consider these studies and resources:

• Bloomberg Wealth [June 1]: “Employees Are Quitting Instead of Giving Up Working From Home: The drive to get people back into offices is clashing with workers who’ve embraced remote work as the new normal”
• Survey by global staffing firm Robert Half [April 6]: “1 In 3 Remote Workers May Quit If Required To Return To The Office Full Time, Robert Half Survey Finds: Employees Reveal What Would Ease Their Transition Back On-Site”
• Forbes [April 6]: “One Third Of Millennials Plan To Quit Their Jobs After The Pandemic — Here’s Why, And What Employers Can Do”
• CNBC [May 16]: “Why some employees are quitting the 9-to-5 to be their own boss during the pandemic”
• Inc. [March 29]: “New Report: Half of Employees Plan to Leave Their Job This Year. Here’s How Leaders Can Prevent Mass Turnover: Three areas employers should focus on to revamp retention strategies”
• Human Resource Executive [March 16]: “Nearly half of workers might leave their jobs post-pandemic: Employees want flexible workplace options and they’re willing to quit to get them, according to new research”
• CNBC Make It [April 19]: “1 in 4 workers is considering quitting their job after the pandemic — here’s why”
• Center for Infectious Disease Research and Policy (CIDRAP) [April 2]: “One in 5 COVID-affected health workers weighs quitting: study”

The McMorrow Reports and its sister publication FMLink will continue their ongoing coverage of the pandemic, including guidance and resources from government agencies and various organizations as well as products intended to help companies and facilities managers (FMs) navigate the return-to-work scene. For comprehensive reopening guidance and resources geared specifically towards building and facilities managers, see FMLink’s e-book, A Facilities Manager’s Guide to Reopening and Occupying Buildings Safely.