Many employers may want to avoid drawing a red line between vaccinated and non-vaccinated employees by adopting a “soft” approach—requiring that employees either provide proof of vaccination or periodic proof of a negative COVID test, instead of imposing mandatory vaccines. (Indeed, the EEOC has also said that employers may lawfully choose to test employees for COVID-19 before permitting them to enter the workplace.)
The soft approach, though, raises important questions and issues. We address some of these issues below.
