Can Employers Require Employees To Get Vaccinated? Plus, Answers To Other Legal Questions As We Return To The Office

Worth ^ | 7/19/2021 | Micki Wagner

[logi_cal869]

As many companies begin to reopen offices and bring employees back in, many are requiring that employees be fully vaccinated. But can companies actually require that of their employees from a legal standpoint? And what legal pitfalls do employers need to be aware of while navigating this tumultuous time?

Worth sat down with Domenique Camacho Moran, partner in the labor and employment practice of New York-based law firm Farrell Fritz, to discuss if employers can legally require their employees to get vaccinated, if employers can legally penalize an employee for not doing so and the biggest workplace health issue that has arisen during this time.

Domenique Camacho Moran

Q: Let’s start with the biggest question here, and that is, can employers legally require their employees to be fully vaccinated before returning to the office, and is it lawful for employers to implement a penalty if they don’t comply?

A: Yes, employers can legally require employees to be fully vaccinated with the caveat that they will have to provide a reasonable accommodation to those who cannot be vaccinated due to a disability or a sincerely held religious belief. In those circumstances, the employer is required under the law to engage in an interactive dialogue with the employee to determine if there is a reasonable accommodation that can be granted in lieu of full vaccination.

As for a penalty, employers can adopt a mandatory vaccination policy and separate those who choose not to comply as long as those employers offer to reasonably accommodate employees who are not vaccinated because of a disability or sincerely held religious belief.

So, provided you don’t have a disability and/or a strongly held religious belief, can a company rightfully penalize an employee for not getting vaccinated, including laying that employee off?

[ballplayer]

The vaccine is still under emergency use authorization, in other words EXPERIMENTAL, you are a GUIENA PIG

[sneakers]

So far, my place of employment has only told us where we could get the vaccine, but they also said they will leave the decision to get it, or not, up to the individual. They said they will not ask. Still, the information you posted is good to have and I am bookmarking it!

[rarestia]

I work for a large multinational corporation. A majority of our workforce conducts business from home. They’ve shied away from mentioning anything about mandatory vaccination, but my wife and I have had a sober discussion about that eventuality and agreed that I would let them dismiss me. I hate to lose my job, my livelihood, but I refuse to capitulate. This is a hill to die on.

[mad_as_he$$]

I agree about the sub-text. It was presented in the fairest manner for the time and place it was being made. Three of my uncles were WW2 combat vets. Two wouldn't watch the show, the third would watch but I often noticed it was with a somber demeanor and often a glistening in his eyes. I will be sharing that with my G'kids also.

[21twelve]

My son refused to get the jab at his job (a church). He made it easy for them and offered to quit. “Well, I can leave at the end of the month or until you find a replacement.”

The church was too liberal for him, but he felt he could add a conservative voice to things. But the vaccine thing really pointed out the difference between his thinking and theirs on so many things.

[AppyPappy]

We request vaccination with the caveat that just about any religious conviction will exclude you.

[usconservative]

I now know of more than five people who chose to quit and get a different job, rather than get a vaccine. If my employer required it, I’d leave, too.

My employer took a slightly different route.

Those who are vaccinated are being told that once they upload a copy of their vaccination card to our HR system, they can return to the office.

Those who aren't vaccinated can only return to the office once they get vaccinated and upload a copy of their vaccination card to our HR system. Until then, they're work-from-home.

Surprisingly (not) the overwhelming majority of people are saying they're not vaccinated.

Who knew, right?!

[Steven Tyler]

Some great resources at the Solari Report

This form was created to assist families to communicate regarding and to prepare for the family-wide financial impact of adverse events,

You can present this form to your employer
All downside adverse outcomes and financial loss are transferred to the person giving you the jab

https://pandemic.solari.com/form-for-employees-whose-employers-are-requiring-covid-19-injections/

Some Employers mat wish to take on infinite risk

[wally_bert]

So far there are no plans to mandate the it where I am.

I never rule out the plans of pointy haired bosses and am kind of looking for something else anyway. The next steps were eliminated some time ago.

There are way worse things than my position so I will play the hand I am dealt.

[VTenigma]

IMHO if an employer can mandate employee vaccinations the employer holds the responsibility for any and all adverse reactions to said vaccination. An employer mandating an employee must be vaccinated with an experimental vaccine is on extremely tenuous ground when it comes to adverse reactions whether immediate or sometime in the future.

[cyclotic]

Wow, your company is run by morons.

Hmmm. Let’s see, do I want the boss I don’t like breathing down my neck, having to get up early and dress nicely every day, have to drink their lousy coffee and watch out for office politics or do I want to work from home?

[usconservative]

Wow, your company is run by morons.

Certainly our H.R. and Legal departments are.

[logi_cal869]

The language shift has been subtle. I’ve posted here about the misuse of the word ‘approved’.

The effort is ongoing...

[logi_cal869]

;)

[dfwgator]

Remember the Golden Rule:

“He who has the gold makes the rules.”

[Nifster]

😂😂😂😂😂

[Mathews]

My company isn’t requiring the vax as of right now, but they just came out and told us everyone who has proof of the vax can stop wearing the mask and social distancing. Those of us who choose not to get vaxed have to continue with the masks and the social distancing. I’m guessing the first time one of the vaxers calls a non-vaxed germy or nasty or get on your side of the room... there will be a lawsuit filed for Hostile Work Environment created by the division. Just guessing.

[logi_cal869]

These dumbass employers embracing this just don’t seem to realize the potential for both liability from their actions and sabotage by alienated employees.

Thankfully, I’m privy to one case where a business told a multinational to essentially F-O when they were informed that proof of jabs, and negative test result, was required for EACH site visit.

The multinational is Accenture. Look it up. How a business with a history related to Enron was ever able to secure another government contract is beyond me. It’s very interesting how they have very woke local office policies and nothing published on their website for ‘vaccinated’, etc.

[sergeantdave]

Can employers require all males get a vasectomy?

Can an employer tell an employee to donate a kidney to the company’s CEO?

[precisionshootist]

" Never a federal mandate???? Why do I have to mask up on Planes,Trains and Interstate Busses? "

That was done through the TSA. The federal government does not have the authority to mandate mask wearing for every American and every business. There was never federal mandate for private businesses. Businesses across the country got to decide their mask policy and many chose to force their employees to wear masks all day even after there was volumes of evidence that masks do nothing to stop the spread of an airborne virus. These businesses are required to provide a safe workplace but they took it on themselves to require wearing a mask which in my opinion will soon be shown without a doubt to cause long term health issues. These companies should and will be sued on a massive scale.