Can Employers Require COVID-19 Vaccinations?
Despite entering the public consciousness years ago in March of 2020, COVID-19 is still a topic of conversation among many Americans. Infection numbers have waned, though the possibility of another outbreak continues to loom. For this reason, many American businesses continue to insist that employees get vaccinated against the virus.
The virus has been polarizing, and this article from Hux Law Firm is not going to discuss personal feelings around COVID-19. Rather, we will answer a question which many Ohio workers have asked: Is it legal for employers to require COVID-19 vaccinations? Does an employee’s vaccination status affect an employer’s need to provide reasonable accommodations? The short answer is yes, but we will take a look at the laws which make employer-required vaccination lawful — as well as some instances where employers may not be able to encourage vaccination.
Why Vaccination Requirements are Lawful
Under guidance from the Equal Employment Opportunity Commission (EEOC), businesses can require employees to get the COVID-19 vaccine — barring a few exceptions which we will discuss later. Further, the U.S. Department of Health and Human Services has determined that an employer may inquire about the vaccination status of an employee without violating the Health Insurance Portability and Accountability Act (HIPAA).
Exceptions for COVID-19 Vaccination
As outlined in Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), employers are required to provide “reasonable accommodations” for employees with disabilities and specific religious beliefs which may prevent them from receiving a COVID-19 vaccine. To qualify, an employee must demonstrate a “sincerely held religious belief,” however; and it’s possible employers require employees seeking exemption prove the need for these reasonable accommodations. With that said, these accommodations may not impose an “undue hardship” on business operations — and unvaccinated employees may legally be required to wear face coverings, socially distance from others, work a different shift, and self-test for COVID-19 regularly to protect other employees.
Even under the ADA, employers can still mandate that employees with a disability related inquiry meet safety-related standards if the standard is a reasonable accommodation for any ordinary business necessity. This may include COVID-19 vaccination if an employer can demonstrate that the unvaccinated employee poses a direct threat to the safety of others in order to require vaccination despite an ADA exemption.
Contact Hux Law Firm
COVID-19 has been a hotly-contested issue in America for the last few years, but the legality of employers imposing vaccine requirements on employees is not up for debate. If you are a worker with any disability related inquiries or your religious beliefs are keeping you from following a vaccine mandate, contact Hux Law Firm to learn more about your job related rights and ensure that both you and your employer are abiding by the local and federal laws surrounding COVID-19 vaccinations. For more information about vaccines and the Center for Disease Control’s workplace vaccination program, visit the CDC’s website.
