Board Converting News, November 2, 2020

Can Employers Require? (CONT’D FROM PAGE 10)

Board Converting NEWS INTERNET DIRECTORY

flu vaccine is necessary to keep the workplace safe from significant risks and/or to permit employees to be able to perform their jobs. For these reasons, in industries where employees serve and interact with populations who are more suscep- tible to contracting the flu (such as healthcare or early ed- ucation), employers are likely permitted to (or required to in some states) require flu vaccination. Employers outside of these industries, however, face the challenge to articu- late the basis (other than the general intention to keep the workplace safe) of the need for such a policy. Do Employers Have to Permit Exceptions to Mandatory Vaccination Policies? Even if a mandatory vaccination policy is permissible for an employer using the above criteria, employees may request (and must be permitted to request) reasonable ac- commodation from the mandatory flu shot requirements based on a disability under the ADA or applicable state laws. Similarly, under Title VII of the Civil Rights Act of 1964 and its applicable state equivalents, an employer must consider an employee’s accommodation request based

THE HAIRE GROUP www.hairegroup.com

Haire Group is the premier provider of new machinery for the corrugated industry. As the exclusive US & Canadian agent for one of the largest machinery manufacturers in the world, Haire Group is able to pair clients with the best machinery solutions for the best value to meet their spe- cific needs. As an operating partner of the US-based DFA Technical Support Center (a joint venture of Haire Group and Dong Fang), Haire Group delivers top-notch 24/7 pro- fessional, reliable service and support, maximizing quality and uptime. Additionally, Haire Group has been the indus- try’s #1 pre-owned machinery broker and plant equipment appraiser since 1976. HarperLove is the leading provider of specialty adhesives, performance additives, and wet-strength resins to corru- gated packaging manufacturers. With the largest and most experienced field service and technical support team posi- tioned throughout the U.S. and Latin America, HarperLove has a long-standing reputation for providing outstanding service and delivering demonstrable performance improve- ments. HarperLove’s renowned services include not only innovative product development and custom product for- mulation, but also machine and process assessments, ad- hesive formula adjustments, machine tuning, detailed ser- vice reporting, and more. HARPERLOVE www.HarperLove.com

KIWIPLAN www.kiwiplan.com

Kiwiplan - premier worldwide software provider of enter- prise-wide, fully automatic solutions specifically for the cor- rugating and packaging industries. Kiwiplan’s Total Solution delivers comprehensive, seamless real-time flow of infor- mation from sales order management to dynamic total plant scheduling and inventory control through shipping.

on a sincerely held religious belief, practice, or observance (which, under relevant guidance, can be fairly broad and includes more than the traditional organized religions). Upon receiving an accommodation request to be re- lieved of a vaccination requirement due to disability or re- ligious-related reasons, an employer must engage in an in- teractive process with the employee to determine if it can provide the employee with a reasonable accommodation (barring an undue hardship on the employer). An exam- ple may be asking that specific employee to wear a mask, follow distancing rules, or take other specific precautions. As with all accommodation requests, employers need to make the determination on a case-by-case basis. A Safer Option? Interestingly, the federal agency that enforces federal anti-discrimination laws, the Equal Employment Oppor- tunity Commission’s (EEOC), does not explicitly prohibit mandatory vaccination policies, but instead recommends that employers should consider encouraging employees to get the flu vaccine. To that end, the CDC has provided

MAROTECH INC. www.marotech.com

Manufacturer of Marotape®, Marotape®Plus, Marotape® FPT and MaroString™; hot melt coated tapes and strings used for reinforcement and easy-open features for pack- aging. Marotech Inc. also manufactures state-of-the-art dispensing and tape placement equipments to optimize the productivity of applying hot melt coated tapes in pack- aging.

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November 2, 2020

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