Page 34 - BusinessWest January 6, 2021

A Question of Mandates
Should Employers Require Employees Get the COVID-19 Vaccine?
By Timothy F. Murphy
mployers 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 con- sider a number of things.
Can Employers Require Vaccinations?
Yes. Non-union employers can unilaterally require employee vaccinations because employ- ment relationships are ‘at will,’ and they have a legal duty to provide a safe and healthy work- place. Many employers already require workers to get inoculated against certain infectious diseases.
Can Employees Object to Vaccine Mandates?
instance, medical advice to avoid a vaccine due to an employee’s underlying health condition may legally justify a vaccine refusal. In such situ- ations, 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 func- tions would likely not be an undue burden.
According to recent
guidance from the Equal Employment Opportu- nity 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
Government Vaccine Mandates Appear Unlikely for Now
A general state vaccine mandate does not appear to be in the cards anytime soon. On the
“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.
federal level, President-elect Biden has signaled that he is not considering a vaccine mandate at this time. It also appears unlikely that the fed- eral 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 permit- ted employers to require employees to receive the flu vaccine.
Vaccines
Continued on page 44
”
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. verification of such beliefs only if they have an
A worker with a covered disability may seek objective reason for doing so. an exemption from a vaccine mandate. For
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