Could vaccine mandates lead to some people losing their jobs if they refuse to vaccinate?Experts say U.S. employers can require employees to take safety measures, including vaccination. That doesn’t necessarily mean you would get fired if you refuse, but you might need to sign a waiver or agree to work under specific conditions to limit any risk you might pose to yourself or others.“Employers generally have wide scope” to make rules for the workplace, said Dorit Reiss, a law professor who specializes in vaccine policies at the University of California Hastings College of the Law. “It’s their business.” Rachel Gebaide is an employment law expert in Orlando, Florida. She said if an employer enacts a mandate, it comes with responsibilities.”Employees who have a medical condition that rises to the level of a disability may not be able to be vaccinated and the employer is obligated to have a discussion with the employee,” Gebaide said. The U.S. Equal Employment Opportunity Commission has allowed companies to mandate the flu and other vaccines and has indicated they can require COVID-19 vaccines.People can request exemptions for medical or religious reasons. Some states have proposed laws that restrict mandating the vaccines because of their “emergency use” status, but that may become less of an issue if and when full approval is granted.How employers approach the issue will vary. Many might not want to require vaccination because of the administrative burden of tracking compliance and managing exemption requests, noted Michelle S. Strowhiro, an employment adviser and lawyer at McDermott Will & Emery. Legal claims could also arise. As a result, many employers will likely strongly encourage vaccination without making it mandatory, Strowhiro said.Gebaide said employers will need to determine if a reasonable accommodation can be made for employees who request exemptions for medical and religious reasons.She said the accommodations could range from allowing the employees to work in a different location, requiring them to wear masks or to submit to weekly testing.As for employees who do not claim a disability or religious belief but still refuse vaccination, it’s possible their employment could end and she cautions business owners to consider that.“If you have other employees that do not want to be vaccinated then you need to be prepared to end that work relationship and that is a difficult decision for employers to make,” Gebaide said.The Associated Press contributed to this report.
Could vaccine mandates lead to some people losing their jobs if they refuse to vaccinate?
Advertisement
Experts say U.S. employers can require employees to take safety measures, including vaccination. That doesn’t necessarily mean you would get fired if you refuse, but you might need to sign a waiver or agree to work under specific conditions to limit any risk you might pose to yourself or others.
“Employers generally have wide scope” to make rules for the workplace, said Dorit Reiss, a law professor who specializes in vaccine policies at the University of California Hastings College of the Law. “It’s their business.”
Rachel Gebaide is an employment law expert in Orlando, Florida. She said if an employer enacts a mandate, it comes with responsibilities.
“Employees who have a medical condition that rises to the level of a disability may not be able to be vaccinated and the employer is obligated to have a discussion with the employee,” Gebaide said.
The U.S. Equal Employment Opportunity Commission has allowed companies to mandate the flu and other vaccines and has indicated they can require COVID-19 vaccines.
People can request exemptions for medical or religious reasons. Some states have proposed laws that restrict mandating the vaccines because of their “emergency use” status, but that may become less of an issue if and when full approval is granted.
How employers approach the issue will vary. Many might not want to require vaccination because of the administrative burden of tracking compliance and managing exemption requests, noted Michelle S. Strowhiro, an employment adviser and lawyer at McDermott Will & Emery. Legal claims could also arise.
As a result, many employers will likely strongly encourage vaccination without making it mandatory, Strowhiro said.
Gebaide said employers will need to determine if a reasonable accommodation can be made for employees who request exemptions for medical and religious reasons.
She said the accommodations could range from allowing the employees to work in a different location, requiring them to wear masks or to submit to weekly testing.
As for employees who do not claim a disability or religious belief but still refuse vaccination, it’s possible their employment could end and she cautions business owners to consider that.
“If you have other employees that do not want to be vaccinated then you need to be prepared to end that work relationship and that is a difficult decision for employers to make,” Gebaide said.
The Associated Press contributed to this report.
