Corporate America Gets Serious About Covid-19 Vaccinations

BY Emily McCrary-Ruiz-Esparza | August 26, 2021

Until now, many employers hesitated to mandate Covid-19 vaccines for their workers. Wary of a divisive issue, they instead urged or recommended that workers get inoculated, along with wearing masks in the workplace.

For many companies, that position changed dramatically this week when the Food and Drug Administration (FDA) granted full approval to Pfizer-BioNTech’s coronavirus vaccine for people 16 and older, the first vaccine to reach that status. Along with the rise of the highly infectious Delta variant and a surge of cases in most U.S. states, the FDA announcement set off a wave of vaccine requirements from U.S. corporations, colleges and universities, the Pentagon, and the New York City school system.

The FDA announcement provided both a carrot and a stick. For some of the 85 million Americans who are eligible but unvaccinated, the full FDA approval may ease concerns about the vaccine’s previous designation as an experimental drug. For employers and other organizations, it provided a rationale for enforcing vaccination as a safe and effective measure against a disease that presents a threat to both life and business.

In remarks delivered from the White House briefing room, President Biden urged employers to require vaccination for their workers. “If you're a business leader, a non-profit leader, a state or local leader who has been waiting for full FDA approval to require vaccinations, I call on you now to do that. Require it. Do what I did last month and require your employees to get vaccinated or face strict requirements.” At the end of July, the Biden administration announced that all federal employees–more than 2 million people–will be required to get the vaccine, and Monday, the Pentagon said the same would be required for all those in the armed forces.

On the same day that Biden pressed employers, many large companies rolled out vaccine mandates. CVS Health said its corporate and clinical workers have to be vaccinated by Oct. 31. The company has not said what it will do about employees who remain unvaccinated after that date. Goldman Sachs announced it will require employees and any visitors to its offices to be vaccinated, and employees who aren’t vaccinated by Sept. 7 will be required to work from home.

“The measures [businesses] have taken so far aren’t leading to the levels of vaccination in the workforce that they want,” Wade Symons, who leads consulting group Mercer LLC’s regulatory resources group, told the Wall Street Journal. “They are starting to think about some of the more strict measures they can take.”

State and municipal officials have followed suit. After the FDA approval, New York City Mayor Bill de Blasio announced that public-school teachers and staff must provide proof of vaccination, and New Jersey governor Phil Murphy announced the same for both state and public school employees.

Some employers had mandated vaccines for workers even before the FDA’s full approval of the Pfizer shot. In July, Google, Facebook, Twitter and Uber instituted vaccine requirements for U.S. employees returning to offices. And more recently, Microsoft and Tyson Foods made vaccines mandatory for their workforces. Tyson is incentivizing vaccinations by offering $200 to frontline workers who get the jab. “Getting vaccinated against Covid-19 is the single most effective thing we can do to protect our team members, their families and their communities,” said Dr. Claudia Coplein, Tyson’s chief medical officer, in a statement.

Employers are even using Covid-19 vaccination status as a filter for job applicants. The percentage of job postings stipulating that new hires must be vaccinated increased 90% between July and August–before the FDA announced its full approval of the vaccine—according to Indeed.

Passengers and crew at a Delta Air Lines gate at Atlanta's airport. Delta is requiring unvaccinated workers to pay a $200 monthly surcharge on their health care plans (Photo by Joel Carillet/iStock by Getty Images)

Workers who choose not to vaccinate could be hit with financial penalties or even termination. Delta Air Lines will charge unvaccinated workers an extra $200 each month for their company-sponsored health plans. The rationale, said Delta CEO Ed Bastian in a staff memo: “The average hospital stay for Covid-19 has cost Delta $50,000 per person. This surcharge will be necessary to address the financial risk the decision to not vaccinate is creating for our company.”

While Delta has stopped short of a total vaccine mandate, its rival United Airlines  made an early decision to require vaccination for all of its nearly 67,000 workers. “For me, the fact that people are 300 times more likely to die if they’re unvaccinated is all I need to know," United CEO Scott Kirby told Axios. "It's about saving lives.” So far, termination for failure to get vaccinated has been rare, but earlier this month CNN fired three employees who reported to the office unvaccinated, in violation of company rules.

With a growing number of mandates, Corporate America could make a significant dent in closing the vaccination gap by requiring vaccinations for customers as well. The indoor cycling gym SoulCycle will require riders to show proof of vaccination, and Disney and Royal Caribbean cruise lines will require passengers to do the same. AEG Presents, the world’s second-largest live-music company, said earlier this month it will soon require proof of full vaccination to enter its events.

Yet increased vaccination rates among the U.S. labor force won’t necessarily mean more workers in offices. At the same time companies are issuing vaccine mandates, many are reconsidering their return-to-work plans as a result of the alarming spread of the Delta variant. Facebook announced earlier this year that employees would return to the office by October 2021, but changed its plan in August, saying it will delay the return until 2022. Google also had plans to require workers to return to the office at least three days per week by Sept. 1, then pushed the return to mid October. “We recognize that many Googlers are seeing spikes in their communities caused by the Delta variant and are concerned about returning to the office,” said CEO Sundar Pinchai in a statement. “This extension will allow us time to ramp back into work while providing flexibility for those who need it. We’ll continue watching the data carefully and let you know at least 30 days in advance before transitioning into our full return to office plans.”

Indeed, many corporate leaders are acknowledging the uncertainty of the situation. The software company Paylocity had planned to officially reopen its offices after Labor Day, but the Delta virus intervened. “We have now put a pause on that and said, ‘Hey, let’s put it out until October and keep an eye on what’s going on,’” the firm’s chief HR officer, Cheryl Johnson, told Human Resource Executive. “The Delta variant is something myself and the senior leaders are keeping a very, very close eye on.”

Some employers will encounter friction from Republican state leaders not amenable to company-stamped vaccine mandates, whatever their reasons may be. This month, Arizona governor Doug Ducey signed an executive order preventing cities and counties from enforcing vaccine mandates, and state legislators in Arkansas passed a bill prohibiting businesses from requiring employee vaccines. But companies are pushing back. Norwegian Cruise Line is suing the state of Florida for a law that fines a cruise line each time it requires passengers to provide proof of vaccination.

The law is fairly clear in saying that employers may impose a vaccine mandate. The Equal Employment Opportunity Commission (EEOC) has provided guidance about what employers can and cannot require. A statement from the commission updated in May reads: “The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for Covid-19,” with the few exceptions being for reasons of religious beliefs or disabilities. In Corporate America, Covid-19 vaccination is quickly becoming the law of the land.

Emily McCrary-Ruiz-Esparza is a writer, editor, and content strategist based in Richmond, Va.

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