Can Employers Require Employees To Get Vaccinated?

With COVID-19 vaccines becoming readily available, companies are questioning whether or not they can enforce vaccines in the workplace, and if so, to what extent.

First, let’s answer the question of whether or not you can enforce vaccines in the workplace. The simple answer is “yes.” However, according to the Equal Employment Opportunity Commission (EEOC), you must comply with both the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 (Title VII), as well as with other applicable workplace laws.

Next to consider is just how polarizing this topic is for employees. A recent Gallup poll from October 2020 showed that 47% of Americans do not intend to receive a COVID-19 vaccination. Add the above to the mix [i.e., some employees may have a disability (ADA consideration) or a religious belief (Title VII consideration) which would prevent them from being vaccinated], mandating vaccinations may pose a situation where your employees choose to leave the company rather than being forced to receive the vaccine.

So, what does all this mean exactly?

You’ve decided to require your employees to get vaccinated before returning to the office, but some employees have explained that they are not willing to be vaccinated due to religious beliefs or because of a disability. In these cases, under the ADA and/or Title VII the employee may actually be excused from your vaccine mandate, or otherwise may need to be accommodated if possible. This may mean having the employee work remotely, perhaps moving them to an alternative job where they will not be a direct threat to others, or by having them take a leave of absence. In any case, you and employees should go through the “interactive process” and work together to determine what a reasonable accommodation may look like.

(To note, if an employee is part of a union, you may need to or reach an agreement with the union before mandating vaccines.)

While you consider implementing policies aimed at encouraging your employees to get vaccinated, you may also consider providing education and encouragement around of the benefits of being vaccinated for the COVID-19 virus while also making the vaccine easily accessible. This can include incentives, or the recovery of any expenses the employee may incur for having the vaccine administered. It will be important for you to communicate with your employees about how vaccinations create a safer workplace.

See how Renewed HR can help you develop policies and communications around vaccines or assist you in identifying reasonable accommodations for those who may not be willing to be vaccinated based on religious beliefs or disabilities.