FAQs about Employer Mandated Vaccines

The question comes up over and over because the answers are often not what some like to hear. Guidance from the Employee Assistance Professionals Association briefly outlines the general and legal consensus at this point. Here we go:

Can my employer require me to get the COVID vaccine? The short answer is – YES.

Whether the US Federal Government, City of Chicago, Advocate Aurora Health, McDonald’s, United Airlines, etc., the US Equal Employment Opportunity Commission (EEOC) stated on May 28th allowed for an employer COVID mandate. There are ADA exemptions, and Title VII (Civil Rights Act) protections for medical and religious reasons to not vax. There is a level of proof (to the employer) required for both. There are employer obligations for accommodation in these narrow circumstances for these specific vaccination opt-outs.

Can my employer fire me for refusing a vaccine? YES.

If the unvaccinated employee “would pose a direct threat due to a ‘significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminate or reduced by reasonable accommodation.” A lawsuit was dismissed by a US Federal Judge over legal precedent when Houston Methodist terminated (or accepted the resignation of) 153 employees after mandating the vaccine. Terminations stand.

Can my employer ask about my vax status? YES.

An employer can ask for proof of vaccination. Under EEOC, an employer’s questions about other medical information get a bit more complicated.

It is still a must that the particulars of a CBA (collective bargaining agreement) be adhered to (pay, benefits, due process, etc.) in this COVID era when employees are represented by a union.

Editor’s note: While, as noted above, some readers may not LIKE the guidance published above, these are the current employment regulations regarding Covid. Some lawsuits currently before the courts may change this, but this is the stand as of today’s date.

American society is built on individualism and individual rights. As we are finding ourselves in a pandemic with rates of infections rising at an exponential level in some areas, at what point will I subordinate my individual rights to the needs of the larger society. Most of us would have very little hesitation to make sacrifices for our children or other loved ones. Maybe it’s time now to come together as a society that says ‘even though I don’t like it, I will do what is necessary to protect my neighbors.’