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SPRINGFIELD — The Springfield Jewish Community Center has announced that it will require all employees, volunteers, and contractors to be fully vaccinated against COVID-19 by Oct. 8.

The Springfield JCC, which employs more than 150 full-time and part-time staff, joins with other local, regional, and national organizations that are requiring their employees to become vaccinated.

“For the safety of our members, students, and staff, it is vital that our workforce get the vaccine, especially as the Delta variant spreads across the country,” said JCC Chief Executive Officer Samantha Dubrinsky. “As a community center, we have a responsibility to protect the health and safety of those we serve, including children under the age of 12 who are not yet eligible to receive the COVID-19 vaccine.”

Limited religious and medical exemptions will be granted, and reasonable accommodations will be provided in accordance with guidance from public health authorities, the JCC’s Medical Advisory Committee, and applicable law.

“The COVID-19 vaccine is the most powerful tool we have to end this pandemic,” said JCC Board President Richard Goldstein. “We believe it is imperative for the Springfield JCC to take the lead in requiring staff vaccinations to set an example to the broader community.”

To support this new vaccination policy, the JCC will host a Town Hall meeting on Sept. 1, so that employees can have questions answered by the JCC’s management team.

The Springfield JCC served as a COVID-19 vaccination clinic site in 2021. The agency also hosted a mobile testing program as part of the state’s “Stop the Spread” campaign in 2020.

Opinion

Opinion

By Brooke Thomson

 

Companies from Facebook to Walmart to Google have begun to mandate that their employees get vaccinated to protect against COVID-19. Restaurants throughout the state have also started to require that guests provide proof of vaccination before eating indoors.

As the Delta variant causes COVID-19 infections to increase throughout the country, there is increased pressure on businesses and employers to protect their employees and customers.

Businesses have an important role to play in addressing the health and economic impacts of this crisis. Our businesses have stepped up in amazing ways in the name of public health during the past 18 months. They have enforced masking requirements, shifted to remote and online commerce, closed down to the public, and been on the front lines of the pandemic.

Now, they are again being asked to take responsibility to stop the spread.

But should businesses alone be in charge of leading on public-health emergencies? While federal, state, and local governments took difficult and important steps to protect public health during the pandemic, government leaders now appear to have taken a back seat, relying instead on the private sector to solve public challenges.

A core duty and primary function of any government is to protect the public’s health and safety. The pandemic highlights the need for governments to take their duties seriously. Our elected officials should provide leadership driven by science and evidence, not partisan politics.

State leaders have an opportunity right now to demonstrate this leadership by adopting statewide mask requirements, limiting gatherings in dangerous situations, and providing guidance for businesses to operate safely. Businesses should be focused on their employees and their customers and take their direction on public health and safety from the officials we elect to guide us.

Leaving public-health decisions to private businesses is not the right answer. It is the duty of state and local governments to protect our health. We need leadership on the pandemic to support our businesses and employers.

 

Brooke Thomson is executive vice president of Government Affairs at Associated Industries of Massachusetts.

Law

A Question of Mandates

By Timothy F. Murphy

 

Employers have a key role to play in ensuring the successful rollout of COVID-19 vaccines and that people are safe at work. Many employers may wish to adopt vaccine mandates, especially if their employees work in close contact with others. But before doing so, employers need to consider a number of things.

 

Can Employers Require Vaccinations?

Yes. Non-union employers can unilaterally require employee vaccinations because employment relationships are ‘at will,’ and they have a legal duty to provide a safe and healthy workplace. Many employers already require workers to get inoculated against certain infectious diseases.

 

Can Employees Object to Vaccine Mandates?

Yes. Anti-discrimination laws provide disabled and religious employees with legal protections from vaccine mandates. Employers that require employees to receive the COVID-19 vaccine must meet certain requirements under those laws.

Timothy F. Murphy

Timothy F. Murphy

“Non-union employers can unilaterally require employee vaccinations because employment relationships are ‘at will,’ and they have a legal duty to provide a safe and healthy workplace.”

A worker with a covered disability may seek an exemption from a vaccine mandate. For instance, medical advice to avoid a vaccine due to an employee’s underlying health condition may legally justify a vaccine refusal. In such situations, the employer must explore whether an exemption is a reasonable accommodation given the disability and job duties — so long as it isn’t an undue burden for the employer. Accommodations — like telework or working in isolation from co-workers — that would allow the unvaccinated employee to perform essential job functions would likely not be an undue burden.

According to recent guidance from the Equal Employment Opportunity Commission, sincerely held religious beliefs may also justify a vaccine refusal. An employer must provide a reasonable accommodation “for the religious belief, practice, or observance” that prevents the worker from receiving the vaccine, unless that accommodation poses more than a “de minimis” cost or burden. Employers may seek verification of such beliefs only if they have an objective reason for doing so.

 

Government Vaccine Mandates Appear Unlikely for Now

A general state vaccine mandate does not appear to be in the cards anytime soon. On the federal level, President-elect Biden has signaled that he is not considering a vaccine mandate at this time. It also appears unlikely that the federal agency charged with workplace safety, the Occupational Safety and Health Administration (OSHA), would require employers to mandate a COVID-19 vaccine. In the past, OSHA has permitted employers to require employees to receive the flu vaccine.

 

Public-health Experts Warn Against Mandates for Now

Even if employers can legally mandate COVID-19 vaccinations, U.S. Surgeon General Jerome Adams recommends against it. “Right now, we are not recommending that anyone mandate a vaccine,” Adams said in a recent interview with Yahoo Finance, noting that Pfizer’s vaccine hasn’t been fully approved yet. According to Saad Omer, a vaccinologist and infectious-disease epidemiologist at Yale University, “mandates shouldn’t be the frontline policy option.”

 

Avoid the Backlash

A vaccine mandate could trigger employee-morale issues. Vaccine hesitancy is a concern across the country. One study revealed that more than one-third of Americans would refuse a COVID-19 vaccine if offered one. However, other data suggests that Americans’ willingness to take a COVID-19 vaccine has risen as data on the vaccines’ efficacy have emerged. Many people have said they are more comfortable waiting a few months to get the vaccine. Employers need to be sensitive to employee concerns if vaccination is mandated as soon as it becomes publicly available.

 

Reduce Potential Legal Liability

Employees injured by a mandated vaccine may bring legal claims for workers’ compensation, negligence, and OSHA violations. It is difficult to predict the success of such claims. The ability to argue that government recommendations were followed would go far in defending against them. Limiting a vaccine mandate to high-risk positions or workplaces may also reduce potential legal liability and employee backlash.

 

Wait and See Is the Way to Go

Most Massachusetts non-healthcare employers and their employees are not going to have access to any vaccines before the spring of 2021. So most employers can wait to decide to mandate vaccines simply because there won’t be vaccines immediately available.

In the meantime, employers should be prepared to provide reliable information; reinforce other steps to protect employees and the public, like continued screening, fitness-for-duty programs, and contract tracing; implement employee incentives for voluntary vaccinations; and consider mandatory rapid testing, as those products come to market, as an alternative to mandatory vaccination.

 

Timothy Murphy is a partner at Skoler, Abbott & Presser, P.C., focusing his practice on labor relations, union avoidance, collective bargaining and arbitration, employment litigation, and employment counseling.

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