By Candace E. Johnson, Attorney at Law
As the COVID-19 vaccine becomes more widely available, many employers are asking if they can require employees to receive the vaccine and the risks in doing so.
Employers may require employees to get a COVID-19 vaccine as a condition of employment, subject to limited exemptions, which are outlined below.
Religious Beliefs – Employees may request an exemption from a mandatory vaccination requirement based on their religious beliefs. Title VII of the Civil Rights Act covers protected groups, including those with religious beliefs. Employers must provide accommodations for employees with “sincerely held” religious beliefs.
Disability – Employees may also request an exemption from a mandatory vaccination requirement based on a disability. If employees have a qualifying medical reason to not get a vaccine, employers must accommodate such requests under the Americans with Disabilities Act (ADA).
In these situations, employers and employees should work together and sufficiently communicate to determine whether a reasonable accommodation can be made. When considering an accommodation, employers should evaluate:
- The employee’s job functions.
- How important it is to the employer’s operations that the employee be vaccinated.
- Whether there is an alternative job the employee could do that would make vaccination less critical.
Confidentiality – Also pursuant to the ADA, employers should not disclose which employees have or have not been vaccinated. Under the ADA, employees’ health information must be kept confidential.
Because exceptions must be made in certain circumstances, if an employee refuses to be vaccinated, employers should endeavor to find out why.
If employers are hesitant to implement mandatory vaccines, they can alternatively strongly suggest the vaccine and focus on steps they can take to encourage and incentivize employees to get vaccinated. Such incentives could include:
- Make obtaining the vaccine as easy as possible for employees.
- Cover any costs that might be associated with getting the vaccine.
- Provide paid time off for employees to get the vaccine and to recover from any potential side effects.
In the end, navigating the COVID-19 pandemic has been challenging for both employers and employees. Therefore, communication is critical to keeping employees safe and healthy.
Candace Johnson is an attorney at Carmody MacDonald and focuses her practice in the areas of labor and employment, real estate, and general civil litigation. Contact Candace at [email protected] or (314) 854-8647.
This column is for informational purposes only. Nothing herein should be treated as legal advice or as creating an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely on advertisements.
This article was originally published by Saint Louis Construction News and Review on March 29, 2021. Click here to visit CNR.