As the state governors roll out COVID-19 vaccinations, and people raise their sleeves to get life-saving sticks, many people look forward to returning to normal. For some workers that includes walking in the doors of their place of employment. Not so fast. Many employers may require their employees to get the COVID-19 vaccination before their first day of work. Without a doubt some workers will question whether they are legally obligated to oblige.
Workplace issues involving vaccinations are often governed by equal employment opportunity (“EEO”) laws, such as, the Americans with Disabilities Act (“ADA”). According to the Equal Employment Opportunity Commission, “EEO laws do not interfere with or prevent employers from following CDC or other federal, state and local public health authorities’ guidelines and suggestions.” Thus, employment laws do not prohibit employers from requesting that their workforce get COVID-19 vaccinations as public health officials have recommended them as well.
The ADA supports an employer in its COVID-19 vaccination mandate. The law prohibits discrimination against job applicants or employees based on disability. Also, the ADA demands that employers give reasonable accommodations to applicants and employees with disabilities as long as they do not cause an undue hardship on the company or organization. Under the law, the employer may refuse to hire a person, and it may terminate an employee when it has a reasonable belief that the individual poses a direct threat to the health or safety of himself or others. The employer may determine that an unvaccinated person will expose his co-workers to the virus; therefore, it may require that all employees get vaccinated.
An employee may argue that he cannot receive the COVID-19 vaccination due to his disability. However, the employer may still prohibit the worker from the workplace if there is no way that it can provide a reasonable accommodation, without undue hardship, to eliminate the risk that the employee poses as a direct threat.
An employee may claim that his religious belief or practice prohibits him from getting the COVID-19 vaccination. However, the employer may still prevent him from accessing the workplace if providing a reasonable accommodation would cause an undue hardship.
As the nation begins to return to normal, many employers will open their doors again. They may also require their employees to get the COVID-19 vaccination before they begin working. Many employment laws, such as the ADA, support the employer’s mandate.
