EEOC says Employers has a Legal Right to require its Workers to be Vaccinated

Listen to this article

The US federal government is giving green light to employers around the country to require immunization for most workers with the first doses of Pfizer’s COVID-19 vaccine. On Wednesday, the EEOC (Equal Employment Opportunity Commission) said the US companies will have the legal right to mandate that employees get a COVID-19 shot. Moreover, employers are entitled and required to ensure a safe workplace in which an individual shall not pose a direct threat to the health or safety of individuals in the workplace. It clearly indicates that a company can require its workforce to be vaccinated. The Americans with Disabilities Act limits an employer’s ability to require workers to get a medical examination. But, the latest guidance from EEOC confirms that getting vaccinated doesn’t constitute a medical exam.

So, ordering employees to get a COVID-19 shot would not violate the ADA. Point to be noted that not all employees must get vaccinated. The EEOC also said that employees with either a disability or sincerely held religious beliefs that prevent them from getting inoculated are exempt. A workplace attorney at Wilk Auslander (a New York law firm), Helen Rella said, “If they do require it, an employee can make a request for an accommodation under the Americans with Disabilities Act or Title VII, and if they do request the accommodation, the employer has an obligation to see if accommodation is possible”. An employer must attempt to make reasonable accommodation for the worker, in such cases as allowing them to work from home.

However, a company has the right under employment law to exclude them from physically entering the workplace, if that’s not possible and unvaccinated individuals pose a potential threat to either themselves or to others. It is noteworthy that it doesn’t mean an employer may summarily fire a worker who declines to be vaccinated. The EEOC said the worker could be eligible for unpaid leave or other similar entitlements under federal, state, and local laws. A workplace attorney at Morgan Lewis in Washington, D.C., Sharon Masling said, “At some point if they are on job-protected unpaid leave that might rise to the level of undue hardship. But it would be on a case-by-case basis”.