Can Your Boss Force You (And Your Coworkers) To Get Vaccinated?
By the time this article is published, just about any adult who wants the COVID-19 vaccines will be able to get them. I am not going to dive into the science, politics, or ethics of the vaccines, since those are not my areas of expertise. However, the legal ramifications surrounding a private employer’s ability to force employees to become vaccinated before coming to work is a hot-button topic that will probably boil over and cause countless incidents in the coming months. So… can employers force their employees to receive the vaccine? According a report published by the Ohio State Bar Association, the short answer is “yes . ” However (as with all things law-related), there are two main exceptions to this rule: religious practices and disabilities. 1. Religious Accommodations In accordance with Title VII of the Civil Rights Act of 1964, employees with a sincere religious belief or practice may request that the employer provide a reasonable accommodation for the employee’s religious practices (as an alternative to getting vaccinated). In that event, the employer must collaborate with the employee to consider all reasonable options/ accommodations to address the issue. The employer may be permitted to deny the request only if the employer would be required to incur a significant cost to otherwise make the accommodation. It is also worth noting that this rule only applies for “sincerely held” religious beliefs or practices. I know what you’re all thinking … what about political beliefs? As the law stands today, political beliefs do not qualify under the religious accommodation exception listed above. Therefore, an employee refusing to abide by an employer’s vaccination policy based purely on their political/philosophical beliefs will NOT be entitled to a religious belief protection and accommodation by law. 2. Persons With Disabilities The Americans with Disabilities Act (ADA) and the Ohio Civil Rights Act are also permitted by law to request a reasonable accommodation or alternative to getting vaccinated. For verification, the employer is permitted to request proof from the employee as to his or her disability (a note from a doctor, medical record, prescription, etc.). Once that has been established, the employer and employee must collaborate to consider
all reasonable options/accommodations to address the issue (similar process to religions accommodations above). Under the Americans with Disabilities Act, an employer may be permitted to deny the request for accommodation if it would cause an undue hardship for the employer. This takes into account the position of the employee, how much he or she contacts with other coworkers and the public, whether or not other employees have been vaccinated, and other circumstances related to the employee’s work place. Now that we’ve gone over the basic exceptions to the rule, what are examples of reasonable accommodations? The employer and employee could look at several alternatives to vaccination in an effort to keep everyone safe. The obvious choices here include providing masks, gloves, barriers, remote work, rearranging a work space, and social distancing. Current guidelines from the Equal Employment Opportunity Commission (EEOC) assert that an employer who requires employees to become vaccinated can legally prohibit employees who are not vaccinated from entering the office/jobsite if the reasonable accommodations would not be able to reduce or eliminate the risk of unvaccinated employees spreading or contracting the virus. In addition to prohibiting unvaccinated employees from entering the workplace, an employer may be permitted to terminate an unvaccinated employee as well (after discussion with counsel to weigh all of the options). Note: This is based on information gathered from an article published in Volume 35, Issue 1 of “Ohio Lawyer,” the Ohio State Bar Association’s publication for all member attorneys. This article is for informational purposes only and shall not constitute legal advice. Please consult with a qualified employment attorney for questions regarding your specific circumstances.
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