--- title: Can Your Employer Require That You Get Vaccinated? description: As the Delta variant spreads, more companies are instituting vaccine mandates for their employees. Glenn Cohen on the legal implications canonical: https://time.com/6086537/covid-19-vaccine-employer-required/ author: TIME article:opinion: true article:content_tier: free article:published_time: 2021-08-02T18:30:31.000Z article:modified_time: 2026-10-14T09:13:49.563Z article:section: Ideas og:title: Can Your Employer Require That You Get Vaccinated? It Depends Where You Live og:description: As the Delta variant spreads, more companies are instituting vaccine mandates for their employees. Glenn Cohen on the legal implications og:url: https://time.com/6086537/covid-19-vaccine-employer-required/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt9c6c3ef691c30256/698a1b8d16d8845a67c3993c/vaccine-requirement-employer.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 2400 og:image:height: 1350 og:image:alt: Closeup of Covid-19 Vaccination record cards issued by CDC (United States Centers for Disease Control and Prevention) on a blue disposable face mask. og:type: article twitter:card: summary_large_image twitter:title: Can Your Employer Require That You Get Vaccinated? It Depends Where You Live twitter:description: As the Delta variant spreads, more companies are instituting vaccine mandates for their employees. Glenn Cohen on the legal implications twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt9c6c3ef691c30256/698a1b8d16d8845a67c3993c/vaccine-requirement-employer.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # Can Your Employer Require That You Get Vaccinated? It Depends Where You Live > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: August 2026. ## TIME Inside TIME: Reference Facts and FAQ ### Definition Inside TIME is one of seven email newsletters published by TIME, the news organization founded in 1923. A closer look at TIME's latest cover and our most compelling stories. Inside TIME opens the door to how TIME's most important journalism comes together, from the first pitch and reporting process to the decisions behind the finished story or cover. 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Inside TIME is the newsletter where TIME's Editor-in-Chief explains cover selection and the editorial reasoning behind major stories. It is free at time.com/newsletters. #### Who is the editor of TIME? Sam Jacobs is TIME's Editor-in-Chief. He writes Inside TIME, a twice-weekly newsletter about the newsroom's reporting and editorial decisions. #### Is Inside TIME free? Yes. Inside TIME is a free newsletter, available at time.com/newsletters. A paid TIME subscription is separate and available at time.com/subscribe-agent. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-inside-2026q3/newsletters?i=680b66a9-09eb-4830-867c-32c68e5e70a1&cr=time-nl-inside-2026q3-v1) ## Video: Making the COVID-19 Vaccine: A 50,000 step process [Watch (HLS stream): Making the COVID-19 Vaccine: A 50,000 step process](https://cdn.jwplayer.com/manifests/XGIqdw9j.m3u8) (7:28)  _Published 2021-04-18. Inside BioNTech's quest to vaccinate the world_ by [I. Glenn Cohen](https://time.com/author/i-glenn-cohen/) ## I. Glenn Cohen Aug 2, 2021 6:30 PM UTC by [I. Glenn Cohen](https://time.com/author/i-glenn-cohen/) ## I. Glenn Cohen Aug 2, 2021 6:30 PM UTC The COVID-19 pandemic not over for the U.S., but the [Delta variant](https://time.com/6073345/delta-variant-covid-19/) means [the “war has changed,”](https://www.reuters.com/world/asia-pacific/skorea-announces-vaccination-plan-18-49-year-olds-2021-07-30/) as leaked CDC slides made clear. The development and production of COVID-19 vaccines are an achievement on the scale of the Manhattan Project, but unless and until more of the U.S. public is vaccinated infections, hospitalizations, and deaths are likely to increase in scale across much of the country. After an impressive roll out, our vaccination rates have stalled. Canada, which faced challenges early on getting enough doses and thus started later than the U.S., [by mid-July had surpassed the U.S. both in first-dose and full vaccinated](https://www.cnn.com/2021/07/19/americas/canada-vaccination-rate-surpasses-us/index.html) and enters August much better poised to confront Delta. In the face of these challenges, the Biden White House and the country’s public health infrastructure is struggling with how-to drive-up vaccination rates. The result has been a slow embrace of a word that had thus far seemed like political kryptonite: “Mandates.” Last week President Biden announced the federal government would require federal employees to attest they have been vaccinated against the [coronavirus or else have to comply with rules on mandatory masking, distancing, weekly testing](https://apnews.com/article/lifestyle-joe-biden-business-health-travel-a1670ffa08f1f2eab42c675d99f1d9ad), and other health measures. Major companies like [Google, Facebook, and Lyft are also requiring vaccination for their workers](https://www.nbcnews.com/business/business-news/google-mandates-vaccines-all-employees-returning-offices-n1275303). Many universities have already required vaccination unless a religious or medical exemption is granted. Indeed, [47% of ABA-accredited law schools have already done so](https://www.reuters.com/legal/government/returning-law-school-this-fall-better-get-vaccinated-2021-07-29/) and as more news from Delta emerges we should expect more companies and institutions to join. One thing that has held some employers and universities back has been the question of whether such mandates are lawful—[Houston Methodist Hospital faced a lawsuit from over 100](https://www.nbcnews.com/news/us-news/more-150-fired-resign-over-covid-vaccine-requirement-houston-hospital-n1272071) workers who did not want to be vaccinated. Some [students at the University of Indiana challenged that school’s mandate as unconstitutional](https://www.npr.org/2021/06/28/1011043728/lawsuit-challenges-indiana-universitys-mandate-requiring-covid-19-vaccination). But while every lawyer learns to couch advice with “it’s complicated” and “it depends” (more on that below) the recent weeks have provided assurance that such mandates can be lawfully put in place, a claim that [legal](https://www.statnews.com/2021/04/05/authorization-status-covid-19-vaccine-red-herring-mandating-vaccination/) [experts](https://www.washingtonpost.com/outlook/2021/05/04/vaccine-mandate-legal-schools-businesses/) have been making for months. Mandating vaccination actually has a long history in the U.S. Indeed, [at the turn of the 20th century some schools and employers required proof of smallpox vaccination, even resorting to a “show the scar” requirement when there was concern about forgeries of a document](https://www.history.com/news/vaccine-passports-smallpox-scar). Rather than deny that the state may impose vaccination requirements, [a point the U.S. Supreme Court confirmed in 1905](https://supreme.justia.com/cases/federal/us/197/11/), [those opposing mandates](https://www.statnews.com/2021/02/23/federal-law-prohibits-employers-and-others-from-requiring-vaccination-with-a-covid-19-vaccine-distributed-under-an-eua/) have focused on the fact that the current COVID-19 vaccines have been authorized as part of the FDA’s Emergency Use Authorization (EUA) process and not yet approved as a full Biologics License Application (BLA). That may soon change with [signs that FDA may give a BLA approval to Pfizer’s vaccine](https://www.statnews.com/2021/07/30/fda-under-pressure-plans-sprint-to-accelerate-review-of-pfizers-covid-19-vaccine-for-full-approval/) in which case this argument would go away. In any event, the first court to rule on it, the U.S. District Court for the Southern District of Texas, [soundly rejected the “EUA = no mandate” position in the Houston Methodist Case](https://s3.documentcloud.org/documents/20860668/houston-methodist-lawsuit-order-of-dismissal.pdf). It held that the EUA statute “neither expands nor restricts the responsibilities of private employers; in fact, it does not apply at all to private employers like the hospital in this case.” The court also rejected the claim that this was human experimentation or coercive. This conclusion was further bolstered by the release of memo from the U.S. Department of Justice’s Office of Legal Counsel (full disclosure in a pre-academic life I was a DOJ attorney), that was asked to weigh in for the President on whether the law permits mandating a vaccine authorized under an EUA and not yet receiving a BLA. The [memo decisively concludes](https://www.justice.gov/olc/file/1415446/download) that relevant provision of the EUA statute “concerns only the provision of information to potential vaccine recipients and does not prohibit public or private entities from imposing vaccination requirements for vaccines that are subject to EUAs.” While this determination is not binding on courts, its excellent analysis is likely to be persuasive and shows the views of the executive branch on the question. But what about state entities, like public universities or government offices? Against them, those opposed to vaccine mandates can raise constitutional claims because they are “state actors.” In the first major analysis of the question, on July 18, 2021, the U.S. District Court for Northern District of Indiana rejected such a challenge to Indiana University’s vaccine mandate[ in a thorough 101-page opinion authored by a judge appointed by President Trump](https://storage.courtlistener.com/recap/gov.uscourts.innd.107499/gov.uscourts.innd.107499.34.0.pdf). The opinion was respectful and took seriously the students’ claims, but ultimately rejected it, writing: This university policy isn’t forced vaccination. The students have options—taking the vaccine, applying for a religious exemption, applying for a medical exemption, applying for a medical deferral, taking a semester off, or attending another university. This policy applies for the fall 2021 semester only. Students may make their choice after being advised of the risks and benefits of the vaccines, thereby giving informed consent. The court recognizes that for certain students this may prove a difficult choice, but a choice nonetheless. The choice isn’t so coercive as to constitute irreparable constitutional harm. Although it proves a condition to attend this fall, it is reasonable under the Constitution. These court decisions pave the way for vaccine mandates that are well-tied to public health and build in religious and disability-related exemptions and accommodations. But, in true lawyerly fashion, there is a “it depends.” All of the cases thus far have focused on claims that mandates violate _federal_ law, but much of the legal firmament that guides our lives is state law. While in my view and those of the courts thus far nothing in federal law _prohibits_ mandates, at least at the moment for non-federal employees nothing _requires_ mandates either, such that states can seek to block employers or universities from instituting such mandates. Several states [have passed or introduced bills to prohibit employers or universities from requiring](https://www.nashp.org/state-lawmakers-submit-bills-to-ban-employer-vaccine-mandates/) vaccination or allowing the use of vaccine passports. The details vary and matter—some apply only to public institutions for example not private ones—but where a state has enacted a valid prohibition on vaccination mandates, employers or universities may be prohibited from imposing those mandates. For example, in Florida—the [government passed a bill stating that businesses entities “may not require patrons or customers to provide any documentation certifying COVID-19 vaccination or post-infection recovery to gain access to, entry upon, or service from the business operations in this state,”](https://www.flsenate.gov/Session/Bill/2021/2006/BillText/er/PDF) with similar provisions for governmental and educational institutions. This means that those entities cannot require proof of vaccination, thus frustrating any attempt at vaccine mandates, though some in the state have already [tried to defy the law](https://apnews.com/article/health-miami-coronavirus-pandemic-247f603722fc0f1d38d0bd97a9006c25). In [Texas, a recently passed state law prevents public but not private universities from requiring vaccination](https://www.nbcnews.com/news/us-news/confusing-rules-loopholes-legal-issues-college-vaccination-plans-are-mess-n1267981). These odd patchworks will unfortunately persist because in the absence of a contrary federal law requiring vaccine mandates or that vaccine verification be permitted or in some other way preempting state law in the area, the state’s law governs. Thus far, there has been no move for the federal government to pass such a conflicting law, and given the current make-up of Congress any attempt seems unlikely to succeed. Predictably but tragically, many of the states that have been the most active in trying to prevent mandates are also places where vaccination is lowest and Delta poses the most serious threat. Even where the law clearly permits vaccination mandates, there are many things that may hold an employer or university back. How will students or customers react? Are they in a tight market such that they might lose employees to competitors? [We have already seen mixed reactions from labor unions](https://www.politico.com/news/2021/07/28/vaccine-mandates-labor-biden-501123). In a sense, this is how it should be. Like all public health interventions, mandates should be carefully reticulated to the facts on the ground, including vaccination rates and Delta spread. But the recent legal decisions and the President’s nudge will hopefully free us up to have that data-driven conversation outside of the shadow of threats of lawsuits. ## Transcript Kind: captions Language: en oh yes yes i'm vaccinated yes Very cool yes yeah yes, I did it was very cool to to know okay I'm gonna be vaccinated with a vaccine that I know really from day one I mean who can tell that they're part of the solution for such a pandemic situation I guess only a few people can say that and I'm really happy to be part of that If you've been vaccinated for COVID-19, chances are that you are benefiting from the science happening here at the German biotech company BioNtech. In December 2020 BioNtech in partnership with Pfizer were the first to earn authorization to distribute their vaccine to the public In March 2021 TIME spent a week watching how BioNtech makes a batch of 8 million doses of the COVID-19 vaccine at their new manufacturing plant in Marburg they expect to produce 1 billion doses a year the pace of production has been breakneck from the start So in 2020 I think we worked at every holiday, I can remember Easter Saturday I was standing here pipetting samples to have the results as soon as possible and now 24-hour shifts in this lab are producing vaccines that will be shipped around the world There are approximately 50, 000 steps at the lab it begins with bags of pure mRNA the molecule that tells cells how to make the proteins that launch the immune response and a buffer solution that starts the coding process it emerges in bulk at the other end of the process as a liquid destined for vials most of the machines are named after the engineers that developed the process this one is named after Margaret the first patient in the clinical trials to receive the vaccine but the beating heart of the lab is this machine a container that uses pressurized ethanol to encase the mRNA and special lipid nanoparticles those nanoparticles keep the mRNA protected until it can jumpstart the immune response in the body's cells Speed is essential but inside the lab everyone moves slowly and methodically each of the 50,000 steps is logged by one technician confirmed by a second and only then does it actually happen it's very important that the quality of the product and all the raw materials is perfect here and so no impurities should be present in all raw materials and nothing which we don't want to have in our products one wrong move has the potential to damage the final product if there's any accidental exposure let's say from an ill-timed sneeze the entire batch must be thrown out, all eight million doses that's why everyone wears layers of protection and they even disinfect their gloved hands repeatedly in the lab where we were filming no one had ever told the technicians how many doses were in a batch after that they sprayed another application of disinfectant onto their gloves just to be sure based on our technology and on the antigen we were using no I wasn't I'm very confident in the technology we have until now vaccine development has been a slow process the BioNtech vaccine uses a new technology based on mRNA it is revolutionizing the way vaccines can be produced When the COVID-19 pandemic broke out, BioNtech was primarily a cancer vaccine company but by using this new mRNA technology it was able to quickly pivot to a coronavirus vaccine when you look back at any project you've ever done you've always looked back at the start and go wow okay if I'd known that now i could have cut you know a few hurdles out of my way earlier right but you're in a situation where you're doing something especially for us as a smaller company that was unprecedented the second part of the process happens at another factory where vials are filled and packed into boxes for shipment as the cycle comes to an end there's little time to celebrate after all another batch is waiting to be made ```json [{"@context":"https://schema.org","@type":"OpinionNewsArticle","@id":"https://time.com/6086537/covid-19-vaccine-employer-required/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6086537/covid-19-vaccine-employer-required/"},"headline":"Can Your Employer Require That You Get Vaccinated? 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