TL/DR –
Employers are increasingly implementing vaccination policies for their employees due to concerns over the spread of diseases like COVID-19 and the flu. These policies may vary, with some employers requiring all employees to get vaccinated, and others only requiring certain segments of their workforce to do so. However, it’s important to consider the legal implications of these policies, as they must comply with laws protecting against discrimination based on disability and religion, and they need to be fairly and consistently enforced.
The rise in employer-implemented vaccination policies
As businesses grapple with safeguarding their staff and customers during flu seasons and amidst rising health warnings about the potential spread of COVID-19 and respiratory syncytial virus in early 2024, workplace vaccination policies are on the increase.
Is mandatory vaccination policy essential?
The threat of viral illnesses in workplace settings may prompt employers to establish or expand vaccination policies for the first time. However, such decisions entail careful consideration of several legal aspects during the planning and implementation stages.
Employers must assess their business needs for a mandatory policy. Mandatory vaccination policies are common in health care and service industries, due to high customer interaction. Conversely, justifying such policies in manufacturing or office-based settings can be challenging, though the increase in viral spread in these environments compels reconsideration.
Implementing a vaccination policy
Employers need to plan the type of policy that suits their specific needs. This includes deciding whether it applies to all employees or certain segments, such as customer-facing staff. In unionized workplaces, vaccination policies must comply with collective bargaining agreements and the National Labor Relations Act mandates negotiation before implementation.
On the other hand, for non-union employers, the implementation process involves notifying employees and issuing written acknowledgment. Employers should distribute the new requirements in writing and ensure employees’ acknowledgment for future reference, in case the policy is challenged.
Are you ready to defend the policy?
Employers must be prepared to defend their vaccination policies, complying with state and federal laws that protect against discrimination based on disability and/or religion. If employees have health or religious objections to vaccines, the law requires reasonable accommodations unless it causes “significant difficulty or expense” for the employer.
The COVID-19 pandemic has resulted in a varied response towards vaccination, making it crucial for employers to be able to defend claims related to mandatory vaccination policies. The Equal Employment Opportunity Commission has been vigilantly following employers who dismiss employees refusing vaccination, particularly on religious grounds.
How to enforce your vaccination policy?
Once the policy is in place and risks identified, its enforcement should be consistent. If objections are raised on medical or religious grounds, employers should engage in the interactive process promptly, offering suitable accommodations such as exemption from the policy, mask-wearing, or position transfers.
The bottom line
Striking a balance between the safety of workforce and customers against objections from employees skeptical or unable to receive a vaccine can be tricky. Nonetheless, cautious planning, implementation, and enforcement can help prevent potential backlash from your policy.
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