Posted on 07/19/2021 10:01:06 PM PDT by 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?
(Excerpt) Read more at worth.com ...
I don't think many businesses are going to go the vaccine requirement route. They know that will not end well.
As soon as they require unvaxed to wear masks they have an unsafe work environment. They can be sued and at some point they almost certainly will be.
Okay, I looked it up.
President * Biden signed an Executive Order on 01/21/2021 requiring face masks on commercial interstate travel He left it up to the TSA to implement the order.
“Will you, the employer, post a bond today against any short or long term consequences I may experience?”
I would force them to document their policy, and fire me proactively with written notification.
I want it all on paper for my lawsuit.
bkmk form for employer.
Exactly, they tried to get Trump to issue a nationwide mandate and lockdown but he didn't take the bait and it never happened. There was never a national federal mandate and businesses who forced employees to wear masks are going to be facing big time endless law suits.
That’s pretty much what my wife told her employer and boy did that shut them up.
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