Apple Joins Meta in Requiring Proof of COVID-19 Boosters for Employees

There was a fleeting moment that felt as if the end of the COVID-19 pandemic was approaching, but a recent rise in Omicron cases has shaken up the workforce yet again. While the Supreme Court blocked OSHA's vaccine mandate last week, there are many organizations that are choosing to take a stand with their own vaccination policies. Meta (formerly Facebook) and Apple are among two of the big companies that have released their updated vaccination policies. This begs the question, is this something your company should address too? Here’s what you need to consider before implementing an organization-wide vaccination policy.

Refresher: What Were the Supreme Court’s Vaccine Mandate Decisions?

After several reversals from lower courts, on January 13, the Supreme Court stayed implementation and enforcement of OSHA’s ETS in a 6-3 decision. The Court’s majority opinion explains:

OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here. 

In other words—although the Court has upheld state-level vaccine mandates in the past—it suggests that Congress has the authority to either impose a federal vaccine mandate for private employers or to authorize Secretary of Labor Marty Walsh to impose such a rule, neither of which it has done.

The Court did, however, uphold the CMS mandate for healthcare workers in a 5-4 decision, with Chief Justice Roberts and Justice Kavanaugh switching sides to form a majority. The Court—referring to the CMS—writes:

The challenges posed by a global pandemic do not allow a federal agency to exercise power that Congress has not conferred upon it. At the same time, such unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have.

In other words, the Court suggests Secretary of Health and Human Services Xavier Becerra is acting within the authority given to him by Congress.

What Do Other Company’s Policies Look Like?

Meta (formerly Facebook) was among one of the first major tech companies to release their vaccination and return to work policy, stating the following:

• Pushed back return to office date to March 28th, 2022.
• Employees must be fully vaccinated and boosted by March 28th, 2022 to work in their US offices.
• Employees have been given three options: return to office in March, delay their return for 3-5 months, or opt to become a full-time remote employee. Employees have till March 14th, 2022 to send their deferral to the company.

The large social media tech company is encouraging employees to do what they think is best for them,

“We’re focused on making sure our employees continue to have choices about where they work given the current Covid-19 landscape,” Janelle Gale, Meta’s Vice President of Human Resources, said in a statement. “We understand that the continued uncertainty makes this a difficult time to make decisions about where to work, so we’re giving more time to choose what works best for them.”

Apple has followed suit by releasing their vaccination policy this last week, stating the following:

• All unvaccinated employees are required to provide a negative rapid antigen COVID-19 test, starting January 24th, 2022.
• If you are eligible for the booster shot, you have four weeks from the date of eligibility to comply and show proof. Employees who dodge the booster shot will be required to do frequent COVID-19 testing before entering retail stores and offices. Details on frequency were not stated. 

Vaccine requirements are something Apple has stood behind since last year, so this update comes as no shock to many. In an internal email obtained by the Verge, Apple backed their belief in requiring the booster shot by stating, 

“Due to waning efficacy of the primary series of COVID-19 vaccines and the emergence of highly transmissible variants such as Omicron, a booster shot is now part of staying up to date with your COVID-19 vaccination to protect against severe disease”