We’ve touched lately on several issues of can vs. should in the workplace, primarily with regard to political expressions and even ending remote work. The issue of vaccines is probably just as polarizing for employers and their workforce. This article explores several facets of the topic, raising perhaps more questions than answers. Below is an overview of the issues to consider, which we know can differ between private and public employers.
Legally, can a private employer require vaccination? No easy answer. The Civil Rights Act requires employers to provide religious accommodations to those with sincerely held religious beliefs that prevent them from receiving the vaccine. Next is the Americans with Disabilities Act (ADA) which requires an accommodation for those who claim to be unable to receive the COVID-19 vaccine because of an underlying medical condition that constitutes a disability.
The US Constitution may add heft to public employees’ refusal to receive a COVID vaccine, whose argument is that their rights to free exercise of religion and personal liberties make mandatory vaccination policies unconstitutional. Unionized workplaces (or groups of employees) may be protected from mandatory vaccination in their union’s collective bargaining agreements.
The author reminds us to consult the EEOC, CDC and OSHA to determine whether employers can effectively accommodate employees who refuse to be vaccinated. Of course, the type of business weighs into the decision: is yours one that requires considerable interaction with the public, or one where even staff interactions with each other are infrequent or rare?
Many employers have indicated they will not mandate COVID vaccinations for various reasons, including safety concerns about the vaccine, liability if employees experience serious side effects and even employee morale. While workers’ compensation policies would protect employers in some instances, a few states are considering legislation to protect employers from W/C claims resulting from mandatory vaccination.
We hope you’ll leave a comment and share in which direction your company is leaning: mandatory vaccinations, heightened current safety measures (masks, disinfecting, social distancing, continued remote work), and/or strong encouragement to employees to choose vaccination.