If you are planning on requiring your employees to get vaccinated, here are 3 major considerations:
- Know Your Industry
Under the ADA, employers can only require medical exams or procedures for employees where they can show they are job-related and consistent with business necessity. For example, if you work in a client-facing industry that could facilitate the spread of COVID-19, you will most likely meet this standard.
- Be Flexible
Some individuals may refuse vaccinations on medical or religious grounds. When that happens, best practice is to engage in an interactive process with the employee and provide some type of accommodation that will allow them to continue to work in a safe way, without forcing them to vaccinate.
- Watch out for the NLRA
The NLRA protects employees’ rights to work together to achieve mutual aid and protection in the workplace. If your employees organize in protest, it may be an unfair labor practice to discipline them.
Remember, the EEOC has not weighed in on COVID-19 vaccines yet, and federal guidance may change these considerations. If you have questions about COVID-19 in your workplace, contact us for a free, 30-minute consultation with an employment lawyer.
Rafael E. Lázaro is a founding member of Lázaro Law Group, LLC. With a particular emphasis on sexual harassment, Mr. Lázaro has dedicated his career to improving the workplace.