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VERIFY: Yes, private companies can issue a vaccine requirement to their staff members

President Biden is announcing new federal vaccine requirements affecting as many as 100 million Americans. But some are wondering if this is legal.

CHARLOTTE, N.C. — President Biden laid out a six-pronged plan to address the latest rise in COVID-19 cases as well as get more people vaccinated against the virus.

The government's expansive new rules mandates that all employers with more than 100 workers require them to be vaccinated against COVID-19 or test for the virus weekly. 

RELATED: Biden announces new vaccine mandates affecting 100 million Americans

The new federal vaccine requirements affect about 80 million Americans.

President Biden is also signing an executive order requiring vaccination for all employees of the executive branch and contractors who do business with the federal government. No testing opt-out is expected to be included for the executive branch requirement.

THE QUESTION

Can a private company issue a vaccine requirement to their staff members?

THE SOURCES

THE ANSWER

Yes, private companies can issue a vaccine requirement to their staff members.

WHAT WE FOUND

Back in May, the EEOC updated its guidance related to COVID-19 vaccines and the workplace. The commission says federal Equal Employment Opportunity laws do not prevent employers from requiring workers to get vaccinated against COVID-19.

"They can't require you to be vaccinated but they can condition your employment on your vaccination status,” Mauney said. 

He added this can happen due to the fact that most states have at-will employment. 

“You don’t necessarily have a right to a job just as an employer can make a specification on what clothes you might wear or how you present yourself to customers or clients," Mauney said.

An important caveat: employers must offer an exemption for medical or religious objections.

“An employer can not discriminate against you for your religion or your race, so certainly if there were a religious issue involved that would present as a little bit of a different question,” Mauney said.

RELATED: WATCH LIVE: Biden announces new vaccine mandates affecting 100 million Americans

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