The Duty of Oversight in the Face of COVID Mandates

In the United States, vaccination of the population is not only a medical issue, but also a political and workplace issue. This has challenged boards seeking to navigate a host of competing issues, including workplace and customer safety, significant resistance to vaccination against COVID-19 — particularly in certain regions of the country. A tight employment market in many sectors also raises the dilemma of alienating either those employees who insist upon a vaccinated workplace or those who decry it. Meanwhile, permitting a continued “work-from-home” or entirely virtual work environment raises its own concerns for data integrity and security, as well as employee training and the inculcation of the corporation’s core values throughout the workforce.

As boards consider these issues and their responses to the current resurgence of the pandemic, they must do so in the exercise of due care, which in general means that they should adequately and thoughtfully consider the issues that are implicated, including those mentioned above, as well as potential investor and community reactions to whatever program they adopt. The directors may also want to consider how others in their industry and community are addressing these issues and consult with medical, workplace safety and other experts.

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About the Author(s)

Doug Raymond

Doug Raymond is a partner at Faegre Drinker Biddle & Reath LLP (www.faegredrinker.com). He can be reached at douglas.raymond@faegredrinker.com.


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