EEOC: Companies may require employees to get COVID-19 vaccine to enter workplace
(KION and CBS) The first doses of Pfizer and Moderna COVID-19 vaccines are being administered around the country, and the Equal Employment Opportunity Commission has released information for employers about their rights as vaccines become more widespread.
Part of that includes guidance that suggests that companies may require their employees to get a vaccine when it is available to them.
The Americans with Disabilities Act limits an employer's ability to require workers to get a medical examination, but the EEOC guidance does not consider getting a vaccine a medical exam, so mandating it does not violate the ADA.
Employers are required to ensure a safe workplace in which "an individual shall not pose a direct threat to the health or safety of individuals in the workplace," and that could mean requiring employees to get vaccinated.
There are exceptions for employees. Those with a disability or a "sincerely held" religious belief that prevents them from getting a vaccine are exempt.
"If they do require it, an employee can make a request for an accommodation under the Americans with Disabilities Act or Title VII, and if they do request the accommodation, the employer has an obligation to see if accommodation is possible," said Helen Rella, a workplace attorney at Wilk Auslander, a New York law firm, told CBS.
If it is not possible for them to make a reasonable accommodation, such as working from home, the employer has the right to prevent them from physically entering a workplace if they are considered a potential threat to themselves or others. They may be eligible for unpaid leave or similar entitlements.
"The logical conclusion is that if no possible accommodation can be made and the employee's job requires that they be in the physical workplace — and they pose a direct threat to the safety of the workplace or others — that yes, they could be terminated," Rella said.
