Can Your Organization Require Workers Get a COVID-19 Vaccine?

By CropLife|February 24, 2021

At the writing of this article, healthcare workers and long-term care residents are just starting to receive their COVID-19 vaccinations. As the next rounds of the COVID-19 vaccine become available, it’s important for each organization to discuss and decide on a few critical decisions before their employees demand answers.

Although most organizations have established their COVID-19-related policies and procedures for employees, customers, and visitors, few have taken the final step of addressing how they plan to manage the arrival of a vaccine. A “let’s wait and see what happens” strategy was a viable option as we waited to see how things unfolded. However, the arrival of a vaccine and the ruling of the U.S. Equal Employment Opportunity Commission (EEOC) has left few things to unfold. The picture for employers is fairly clear, so it is time to create your plan.

The EEOC guidance created on December 16 states that employers can make sick workers stay home, they can require a doctor’s note before coming back to work, they can mandate testing, and can require workers to get vaccinated within limits. One limitation is tied to the Americans with Disabilities Act (ADA) that allows accommodations for people with certain disabilities, allergies, or other medical conditions such that receiving the vaccine would pose a risk to them or their health. The other limitation is exemptions for people with sincerely held religious belief.

With this guidance, it’s clear that employers can mandate their employees get the vaccine, but the exceptions can still create confusion. Under the ADA guideline, employees who choose not to take the vaccine can be excused with a note from a doctor. Adding this procedure will give your organization a clear and documentable path. However, if an employee claims religious beliefs, this has the potential to become complicated. How can an organization judge whether or not, a religious belief is truly sincere?

Additionally, there are those who have beliefs against participating in a government-led medical program, and others who refuse due to their beliefs in additional social concerns. Will a company need to make exemptions for those folks as well?