Is it Legal To Mandate That My Employees Get a Covid-19 Vaccine?
Most likely, yes, but you need to recognize that such a requirement raises many issues you will need to balance.
How Should I Approach The Covid-19 Vaccination Issue?
In the interest of maintaining a good relationship with your employees, you may first wish to educate employees about the Covid-19 vaccine to counterbalance many of the rumors and false information that is circulating. You can do this by hosting a live webinar where employees can learn about the Covid-19 vaccine and ask questions.
What Should I Do If Workers Resist Getting the Covid-19 Vaccine?
You need to find out why they are resisting getting the Covid-19 Vaccine. Workers who resist because they just don’t want it, may have a difficult time justifying the basis for such resistance. For those workers who have a disability or seek a religious exemption based on a sincerely held belief or practice,[1] you will need to get more information.
What If I Determine That Workers Have a Valid Disability or Religious Exemption?
For workers with a legitimate reason based on a disability or religious exemption, and on that ground cannot or will not get a Covid-19 vaccination, the next question is whether a reasonable accommodation is available. For example, is the worker able to perform the duties connected with the job remotely? Can the unvaccinated worker be given a different schedule that may address your concerns?
What If No Reasonable Accommodation is Available for Such Workers?
In the absence of a reasonable accommodation that will work, you must show that it would be an undue hardship to have the unvaccinated worker on premises. One relevant type of undue hardship would require a showing of a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced with reasonable accommodation.”[2] There are specific factors to identify whether such an undue hardship exists.
Can I Bar Unvaccinated Employees From the Workplace?
There are many boxes that need to be checked before you can reach this determination. In addition, you may not be able to terminate an employee who is physically barred from the workplace due to a disability or religious exemption.
All of the above considerations can vary based on your workplace and the specific reasons identified by employees for an exemption from a Covid-19 vaccine requirement. If you would like to discuss your situation with us, please feel free to call or email us at any time. You will be on the phone with an attorney within 24 hours.
[1] https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
[2] https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws