Many health care providers and other employers already have mandatory vaccine policies for the routine flu. Those policies can be adapted to include the Covid vaccinations. A mandatory policy must allow for certain exceptions in order to comply with the Americans with Disabilities Act and other anti-discrimination laws. For example, exceptions must be made that will allow reasonable accommodations for certain health conditions and religious beliefs.
The EEOC guidance also addresses an employer’s options if an employee refuses to be vaccinated and no reasonable accommodation is possible:
“If an employee cannot get vaccinated for COVID-19 because of a disability or sincerely held religious belief, practice, or observance, and there is no reasonable accommodation possible, then it would be lawful for the employer to exclude the employee from the workplace. This does not mean the employer may automatically terminate the worker. Employers will need to determine if any other rights apply under the EEO laws or other federal, state, and local authorities.”
Feel free to contact us if you have questions about this matter.
