Even Without Governor's Order, Vaccine Requirements In Florida Face Legal Challenges

Labor and Employment attorney William deMeza was quoted in a Tampa Bay Business Journal article discussing how businesses in Florida are planning to handle customers who have received their COVID-19 vaccination versus those who have not. There are already companies in the area requiring customers to be vaccinated and other Tampa Bay businesses are considering it. Mr. deMeza explained that instituting such a policy will pose possible legal challenges. "Religious or disability discrimination laws would still apply to you," said Mr. deMeza. "You can't discriminate against someone with a disability — and some people with disabilities are unable or unwilling to get the vaccine." Requiring a vaccine by mandate could land businesses in trouble.

"Is there a reasonable alternative to proof of vaccination?" Mr. deMeza asked. "Has someone been tested and shown to be negative? Are there routine screenings taking place, or are you reporting symptoms with temperatures below 104? Is something as simple as a mask, would that be suitable? As you can see, it's a ... somewhat complicated, case by case analysis."

READ: Even Without Governor's Order, Vaccine Requirements In Florida Face Legal Challenges (Subscription required)