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A year ago, businesses across the nation were grappling with closures as we all tried to manage the pandemic. Some believed in the necessity of shutdowns, while others protested, arguing for the right to personal services like haircuts. As the country gradually reopened, debates about mask-wearing flared up, with some individuals claiming that wearing a mask while shopping infringed on their freedoms. The expectation for children to wear face coverings in schools for mutual safety was met with accusations of living under a “dictatorship.”
Now, as vaccination campaigns roll out for all adults and children over 12, a new challenge has emerged: workplace vaccine mandates. Many people are outraged that, after enduring one of the worst global crises in history, their employers are now saying, “Let’s avoid that again; you need to get vaccinated.”
The backlash from those opposed to COVID-19 vaccines is intense, with many asserting that their employer can’t enforce such a mandate because it’s a personal choice. However, the reality is that in many regions, employers do have the authority to require vaccinations before employees return to the workplace.
According to NPR, while there’s no federal law mandating vaccine requirements, there’s also no law stopping businesses from implementing them. This leaves the decision up to individual companies and local or state laws. Reports indicate that under the latest guidance from the U.S. Equal Employment Opportunity Commission (EEOC), employers are legally permitted to require vaccinations for employees who physically enter the workplace.
The EEOC states, “Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to reasonable accommodation provisions of Title VII and the ADA.” This means employers must provide accommodations for individuals who genuinely cannot get vaccinated due to health issues or religious beliefs.
However, unless employees can prove they qualify for such accommodations, employers can say, “If you don’t want the vaccine, that’s fine; you may need to find another job.” Given the circumstances of the past year, it’s understandable that employers would want to take any precautions necessary to protect their workforce.
Some companies have already adopted vaccine mandates as they welcome employees back. For example, Delta Airlines has required all new U.S. hires to provide proof of vaccination. Similarly, United Airlines’ CEO, Mark Thompson, is considering a mandate for existing employees. Retail giant Saks is also requiring vaccinations for employees returning to the office this fall.
In the long-term care sector, where employees interact with vulnerable populations, many organizations have mandated vaccinations. For instance, Aegis Living has reported that while most employees have willingly received the vaccine, they still expect to terminate around 100 workers who refuse, citing the safety of their residents as a priority.
Across various sectors, companies are also incentivizing vaccination through paid time off, cash bonuses, and the option to forgo masks at work for vaccinated employees. Given the efficacy of the vaccine in safeguarding health, it’s likely that more organizations will follow suit with mandates. So, don’t be surprised if your employer requires proof of vaccination before you can return to the office.
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Summary:
During the ongoing pandemic, employers are increasingly implementing COVID-19 vaccine mandates to ensure workplace safety. While federal law doesn’t prohibit such mandates, it also doesn’t require them, leaving the decision to individual businesses. Employers must accommodate those unable to be vaccinated for valid reasons, but those who refuse vaccination without justification may face job loss. Companies are incentivizing vaccinations through various benefits, and this trend is likely to continue as the situation evolves.