Part II: Can Employees Be Required to Take the Coronavirus Vaccine?
A previous post discussed whether or not an employer can require its employees to receive a coronavirus vaccine as a condition of continued employment.
New guidance from the Equal Opportunity Employment Commission (EEOC) has clarified that a private employer may indeed require vaccination of its employees - but if an employee objects due to disability or religious belief, the employer must try to reasonably accommodate the employee’s objection. For example, an employer may need to permit the objecting employee to work remotely, or work at a different work station that allows for distancing from other employees.
If a reasonable accommodation is impossible, the employer can exclude - but not necessarily terminate - the employee.
If an employee cannot get vaccinated for COVID-19 because of a disability or sincerely held religious belief, practice, or observance, and there is no reasonable accommodation possible, then it would be lawful for the employer to exclude the employee from the workplace. This does not mean the employer may automatically terminate the worker. Employers will need to determine if any other rights apply under the EEO laws or other federal, state, and local authorities.
Just because an employer can require vaccination does not necessarily mean that it should. Employers should first consider whether the nature of the business requires a mandatory or voluntary vaccination of employees. If vaccination is required, employers must be sure to carefully evaluate any request for a reasonable accommodation from that requirement. Finally, it’s important to stay abreast of the pandemic to make sure that your business is compliant with the latest legal and public health guidelines.