For refusing to get vaccinated against COVID-19, you can be fired: what you need to know

In line with legal guidance from the Equal Opportunities Commission, employers across the country have been legally empowered to require employees to be vaccinated against COVID-19 in employment. Writes about it Western Journal.

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The new guidelines state that because employers have the right and responsibility to provide a safe workplace where “a person must not pose a direct threat to the health or safety of others in the workplace,” a company may require vaccinations from its employees.

There are several factors that can affect whether an employer can require their employees to be vaccinated.

The employer must show that this is necessary for the job — usually for people working in high-risk environments or when there is a “direct threat,” says Rhiannon DiClemente of Community Legal Services.

Some states also have restrictions on these requirements, which will affect whether employers can demand vaccinations.

If employees are reluctant to vaccinate for religious reasons or because of a disability, there are several steps to take to accommodate the request before they can be fired.

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Requiring employees to be vaccinated is not a violation for Americans with disabilities, as people do not need a medical exam to be vaccinated, according to the EEOC, which enforces anti-discrimination laws in the workplace.

There are exceptions to this rule if employees have a disability or “sincerely hold” beliefs that prevent them from getting vaccinated.

“If they truly request it, the employee can file a request for a secluded workspace under the Americans with Disabilities Act or Title VII,” said attorney Helen Rella.

This solution includes enabling employees to work from home.

If isolation of such a person is not possible, employers can exclude an unvaccinated person, who is a potential threat, from entering the workplace, "but this does not mean that the employer has the right to automatically fire the employee."

In these cases, the employee is entitled to unpaid leave or other rights under federal, state, or local law.

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“If people are on unpaid leave while keeping their jobs, there may be undue hardship later on. But this will happen on a case-by-case basis,” explained lawyer Sharon Masling.

If the employee cannot perform his duties remotely and it is not possible to take into account the reason for the employee's refusal to vaccinate, the employer has the right to dismiss him.

“The logical conclusion is that if it is impossible to accommodate a work environment where the employee must be physically present at his or her place of work, but poses a direct threat to the safety of others, then yes, he can be fired,” Rella confirmed.

What if I don't want or cannot get vaccinated

Your employer can sue and demand that you get vaccinated. But if you do not want or cannot get the vaccine, then your employer may need to accept it depending on your motives. Inquirer.

If you are unable to vaccinate for religious or medical reasons, your employer is legally obligated to provide you with an isolated job or allow you to work from home. But if you do not want to get vaccinated because of political opinion (say, you are fundamentally against vaccinations), then your employer does not have to meet you halfway.

Can I get fired for not getting vaccinated if requested by my employer?

Quite possibly. Your employer can fire you for any reason at any time, except in certain situations (for example, you cannot be fired for being a woman). However, union members are usually protected by “just cause” clauses, which state that workers can only be fired for good reason.

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Do employers require workers to be vaccinated

Employers who require this must be prepared for a number of challenges, including working with employees on an individual basis. An employer's willingness to lay off workers because of vaccinations will depend in part on how easily they can hire new workers in their industry.

In the coming months, as the vaccine becomes more readily available, certain types of employers, such as music venues or indoor sports arenas, may consider this issue.

And if something happens to me, when I get vaccinated, because it was required at work

If you have a side effect, such as a fever, and need to quit your job, it depends on your manager's policies. Some health care employers have stated that workers will need to use their own time.

With regard to the liability of the employer, in similar cases, which were considered in court, these situations often figured as an occupational injury.

What to do if the vaccine is required at work, but it is difficult to get it

Little is known now about how the vaccine will be introduced. Will people have to pay for it? According to DiClemente, if your employer requires you to get vaccinated and getting vaccinated is difficult, then there is likely to be no law protecting your workplace if an employer tries to fire you for not getting vaccinated.

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