Delta Takes Tough But Legal Stance in Vaccine Plan, Lawyers Say (1)

A plan by Delta Air Lines Inc. to penalize unvaccinated workers underscores the dilemma faced by employers that want inoculated workers without triggering the practical problems associated with absolute vaccinate-or-terminate mandates, such as firing employees who are both noncompliant and difficult to replace.

The Atlanta-based airline announced Wednesday that it plans to assess a $200 monthly surcharge to unvaccinated workers who are part of the company’s health-care plan. Imposing that type of penalty can have implications under laws governing wellness programs and anti-bias protections, legal observers said.

“Employers are trying to find ways to stay within the parameters of law ...