While most Vermont businesses haven’t made a decision on whether or not to require employees be vaccinated, legal experts say it does not mean they can’t or that they won’t once employees do return in-person.In a meeting hosted by the Vermont Department of Labor on Thursday, local legal experts answered many questions people still have as businesses decide what they’re going to mandate. “In terms of the law a private employer can institute a mandatory vaccination policy if it is deemed necessary to protect the health and safety of the workplace,” Alexandra Clauss, an Attorney with Primmer Piper Eggleston & Cramer PC, said.Experts said employers should be aware of how to handle a vaccination exemption request if the company has required vaccination. Exemptions can include medical conditions, religious reasons, or specific pregnancy needs. “There are a number of considerations you want to be thinking about,” Kristina Brines with Paul Frank + Collins PC said. “There are so many employers now who are making a decision now if employees are going to be working remotely.”Experts are recommending that employers offer reasonable accommodations for those employees that qualify for exemptions. They suggest seeking out legal counsel before implementing any mandates to make sure that the company is ready to deal with every situation they may face, without rushing to any quick conclusion.”It’s important that an employer never just automatically disciplines or terminates someone’s employment if they’ve asked for an exemption particularly if it is for a reason that is legally protected,” Clauss said.When it comes to mandating vaccinations, they reminded employers that it is important to know what information can be shared and what can’t be.”You also of course don’t want to disclose someone’s disability or reasonable accommodation if one of those reasons is why they’re not vaccinated,” Brines said. The experts said that employers can ask an employee if they have been vaccinated, even requesting proof of that vaccination. In order to not be in violation of the Americans with Disabilities Act they can’t, however, require an employee to provide information about medical conditions related to their vaccination.
While most Vermont businesses haven’t made a decision on whether or not to require employees be vaccinated, legal experts say it does not mean they can’t or that they won’t once employees do return in-person.
In a meeting hosted by the Vermont Department of Labor on Thursday, local legal experts answered many questions people still have as businesses decide what they’re going to mandate.
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“In terms of the law a private employer can institute a mandatory vaccination policy if it is deemed necessary to protect the health and safety of the workplace,” Alexandra Clauss, an Attorney with Primmer Piper Eggleston & Cramer PC, said.
Experts said employers should be aware of how to handle a vaccination exemption request if the company has required vaccination.
Exemptions can include medical conditions, religious reasons, or specific pregnancy needs.
“There are a number of considerations you want to be thinking about,” Kristina Brines with Paul Frank + Collins PC said. “There are so many employers now who are making a decision now if employees are going to be working remotely.”
Experts are recommending that employers offer reasonable accommodations for those employees that qualify for exemptions. They suggest seeking out legal counsel before implementing any mandates to make sure that the company is ready to deal with every situation they may face, without rushing to any quick conclusion.
“It’s important that an employer never just automatically disciplines or terminates someone’s employment if they’ve asked for an exemption particularly if it is for a reason that is legally protected,” Clauss said.
When it comes to mandating vaccinations, they reminded employers that it is important to know what information can be shared and what can’t be.
“You also of course don’t want to disclose someone’s disability or reasonable accommodation if one of those reasons is why they’re not vaccinated,” Brines said.
The experts said that employers can ask an employee if they have been vaccinated, even requesting proof of that vaccination. In order to not be in violation of the Americans with Disabilities Act they can’t, however, require an employee to provide information about medical conditions related to their vaccination.
