![]() ![]() "If an employee refuses to obtain a vaccine, an employer needs to evaluate the risk that objection poses, particularly if an employer is mandating that employees receive a COVID-19 vaccine," Lomax said.Ī vaccination mandate should be job-related and consistent with business necessity. Under the Americans with Disabilities Act (ADA), an employer can have a workplace policy that includes "a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace." "Although the EEOC's internal forms typically are not made public, it is included here given the extraordinary circumstances facing employers and employees due to the COVID-19 pandemic," the agency said. ![]() In response to an influx of questions about religious accommodations, the EEOC made its own internal accommodation request form available to the public. Employers that encourage or require vaccinations, however, must consider reasonable accommodations when employees refuse to get vaccinated for medical reasons, including pregnancy-related reasons, or based on sincerely held religious beliefs, unless an accommodation would cause undue hardship for the business.Īdditionally, if workers are covered by a collective bargaining agreement, employers may need to negotiate with the union before mandating vaccines, noted John Lomax, an attorney with Snell & Wilmer in Phoenix. The Equal Employment Opportunity Commission (EEOC) has periodically updated its guidance in response to workplace vaccination questions. Significantly, the agency said that the federal anti-discrimination laws it enforces don't prohibit employers from requiring all employees who physically enter the workplace to be vaccinated for COVID-19. Others are requiring unvaccinated employees to submit to weekly testing and take other safety precautions. Some employers are firing workers or putting them on unpaid leave. ![]() Any businesses continue to review and revise their COVID-19 vaccination policies as the pandemic persists-and employers may be asking what they can do if workers refuse to get the jab. ![]()
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