Can a U.S. employer force an employee to be vaccinated against COVID-19

With the start of COVID-19 vaccination approaching, many workers in the United States are wondering if an employer can require them to be vaccinated, or if there are some legal restrictions for this. Writes about it Fox Business.

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Although employees may be required to take a test as a prerequisite for returning to work, attorney Misty Marris said "there are exceptions to the mandatory COVID-19 vaccination policy."

Marris is involved in labor law and is a co-managing partner of the New York office of Gordon Rees Scully Mansukhani LLP.

While the US awaits approval for COVID-19 vaccines from Pfizer and Moderna, employers must be prepared to set a framework for how employees are allowed to safely return to work.

For both public and private employers, this could mean encouraging employees to vaccinate or implementing mandatory vaccination programs.

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The Emergency Operations Center (EOC), which has issued guidelines for employers throughout the pandemic, says the virus meets the "direct threat" standard.

Because the virus is considered a direct threat, Marris said, employers have the ability to conduct workplace health checks that were generally not permitted by federal law in the pre-pandemic period. This means that employers have the opportunity to measure the temperature before an employee enters the office, or if they have symptoms of illness, ask the person to go home.

“Although there is currently no direct legal basis for an employer to require mandatory vaccination, such a decision still needs to be made,” Marris said.

According to the lawyer, any mandatory vaccination program must take into account other aspects of labor law, which will lead to various difficulties in its implementation.

The two main exceptions that will occur are religious and disability-related.

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Under Title VII of the Civil Rights Act of 1964, religious beliefs can warrant exemptions from many mandatory procedures, such as vaccinations.

“An employee may request an exemption from mandatory vaccination on the basis of religion,” Marris said, adding that the employer must then decide whether separate accommodations can be provided for such an employee. In this case, that could mean working remotely or social distancing from others.

However, if the employer refuses to provide such premises, "he must justify that this creates undue hardship for the company."

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Second, employers must take into account the Americans with Disabilities Act 1990 (ADA). The vaccine can be refused by people with disabilities, as well as people who are allergic to one of the components of the vaccine.

However, there are many other things to consider, including people who are worried about the possible side effects of vaccinations. Legally, this can also be qualified as a health condition.

“But it is unknown whether this is spreading in a pandemic,” she added.

“Employers need to think beyond liability,” Marris said. “They have to think about their workforce and staff morale.”

As ForumDaily wrote earlier:

• Mass vaccination of the population began in Russia, experts say problems may arise.
• Also Britain announced vaccination, she became the first country to do so.
• In the USA in Pfizer and Moderna vaccines are in the process of FDA approval... Decisions on them are promised to be made on December 10 and 17, respectively. Until the end of 2020, the US government promises to vaccinate 20 million Americans.
• For a comparison of major vaccine applicants, see our material.

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