“Religion” is very broadly defined and encompasses not only organized religions, but also informal beliefs. Employers are required to accommodate religious observances and practices, unless doing so imposes an undue hardship on the business. As part of their religious beliefs, many individuals object to vaccines.
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Under Title VII of the Civil Rights Act of 1964, individuals have the right to be free from discrimination on the basis of religion. Cases concerning the flu vaccine are particularly instructive. If an employee refuses to get the vaccine, an employer is within its legal rights to terminate that individual’s employment- with certain exceptions. Requiring that employees get a vaccine will likely be considered reasonable.
Although the EEOC has not yet released guidance on mandating a COVID-19 vaccine in the workplace, the regulations and guidance from these federal agencies currently provide employers with the flexibility to institute a variety of safety policies. Centers for Disease Control and Prevention and the Equal Employment Opportunity Commission (EEOC)have determined that COVID-19 meets the definition of a “direct threat,” able to trigger heightened safety measures in the workplace.
Vaccine mandates are often considered reasonable and necessary in the healthcare industry and sometimes with childcare workers.Įmployers have an obligation under the Occupational Safety and Health Act (OHSA) to ensure they provide a safe and healthy work environment for their workers. Industries in which employees are client-facing, thereby posing a greater risk to others, will have a more compelling case for mandating a vaccine. In general, an employer may require that all employees obtain vaccinations as part of legitimate health and safety requirements that are job-related and consistent with business necessity.
With this recent development, many employees are wondering about their rights, especially if their employers mandate that employees get the COVID-19 vaccine. The vaccine will now be distributed across the country and provided to individuals based on plans developed by their state governments. The much-anticipated vaccine for the Coronavirus (COVID-19) has been authorized for emergency use by the FDA.
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