Can my employer require that I receive the COVID-19 vaccination? Now that vaccines have been developed and shots are being given, this is a common question we hear. The simple answer is yes. An employer can require staff to be vaccinated against COVID-19, but there are exceptions.
In cases where there are potential concerns related to a disability or where vaccinations are truly against religious beliefs, an employee may be exempt from a vaccine mandate. In fact, because of these concerns as well as concerns about potential liability, many employers may choose to strongly recommend employees be vaccinated rather than require they be vaccinated.
Employers have the right to set health and safety conditions in their place of business, but there are limitations. Most of these limitations stem from the Americans with Disability Act (ADA) and Title VII of the Civil Rights Act of 1964.
In order to be exempt from the vaccination, the worker will need to prove he/she has a condition covered under the Americans with Disabilities Act or establish a sincerely held religious belief under Title VII of the Civil Rights Act of 1964. In both cases, the employer may deny the request if it poses “undue hardship” to the employer, its employees, or third parties.
With COVID-19, it’s difficult to fully determine how the rules of mandatory vaccinations will unfold since most of the existing case law focuses on employers engaged in direct patient care, where risk to vulnerable patients is a significant factor. Absent the high risk to vulnerable patients, the courts may well side against mandatory vaccinations.
The ADA has a ‘direct threat standard’ which permits more extensive medical inquiries and controls in the workplace than typically allowed under the ADA. Because a person who is positive for COVID-19 poses ‘a significant risk of substantial harm’ to others in the workplace, employers can institute stronger health and safety procedures than normally allowed. This includes testing and possibly vaccination.
Employers should carefully consider whether they will require the COVID-19 vaccine or not. It clearly is a hot topic and may cause disruption in the workplace. Are there alternatives to the vaccine that might keep employees safe such as social distances and face coverings? If an employer feels the vaccine needs to be mandatory to help keep people healthy, is mandating only a high risk population or workers who can’t engage in alternative safety practices doable?
It’s also important to note that employers should review how the decision to mandate the vaccine or not might be impacted by state workers’ compensation laws and current employer insurance policies.
The COVID-19 pandemic has brought us many challenges, but we have proven we have the ability to persevere. Educate yourself on your rights in regard to the vaccine. Both employers and employees should understand their rights and responsibilities. Hopefully keeping open minds and open lines of communication will help everyone be comfortable with the path forward.
For questions on this topic or any family law topic, please see our website or call our office at 352-243-9991 and we will be happy to assist you.
