The prospect of hitting businesses with new testing costs as many struggle to staff back up could harden opposition to Biden’s plan and hamper the president’s latest push to end the pandemic
The Equal Employment Opportunity Commission has already clarified that employers can mandate vaccinations in their workplace, so long as they provide accommodations for workers who say they can’t get the shot because of their religious beliefs or a disability.
Employers usually bear the cost of accommodations, explained said Ian Carleton Schaefer, chair of Loeb and Loeb’s employment and labor practice in New York, because an employee could argue that they are being financially penalized for their disability or religious belief, by being required to pay for their own reasonable accommodation.
Employers will also likely have to cover the cost of testing if they require a worker to get tested during the workday, under current overtime and minimum wage laws. But several public health experts told POLITICO it is unlikely insurers will be keen to cover weekly Covid-19 testing for unvaccinated employees due in part to tri-agency guidance issued by the Departments of Labor, Treasury, and Health and Human Services. The regulations,, state that “issuers are not required to provide coverage of testing such as for public health surveillance or employment purposes” under the Families First Coronavirus Response Act.
In the meantime, there are also questions about whether the plan will squeeze the nation’s testing system.