FDA-approved COVID vaccines have proven highly effective in preventing COVID-19 hospitalization. But many Americans are still skeptical of the vaccine. To date, (October 2021) only 56.9% of the population are fully vaccinated.
The slow uptake may be why President Biden is mandating employers with more than 100 employees to get their employees vaccinated. Employees that don’t get vaccinated will have to undergo weekly testing to keep their jobs.
Does this mean that as an employee you have no choice but to get the COVID vaccine? Keep reading for more information about COVID and the workplace and if the employer can force you to get the COVID vaccine.
Many Employees Are Already Under Mandate
As it stands, many large companies like United Airlines already force employees to get the COVID vaccine or risk termination. Federal employees, public school teachers, and health care workers are also mandated to get a vaccine. Employees in these organizations must get the jab or face termination.
Legally you may not have a case for unfair dismissal if you refuse to get vaccinated and your workplace mandates it. Your employer will argue that unvaccinated employees pose a danger to their clientele and workforce. Hospitals argue that unvaccinated employees can spread the disease to vulnerably ill people. The same goes for teachers who can infect children.
Do you need the COVID vaccine if you work in an office? As mentioned earlier, many government and private offices already require office workers to get a vaccine. So under Biden’s new mandate, you may be one of the employees required to get a vaccine.
Exemptions From Vaccine Mandates
If you have a strong religious belief or a health condition that prevents you from getting the COVID vaccine, your employer can’t force you to get vaccinated. The Americans with Disabilities Act and Title VI of the Civil Rights Act protect you. You may also be free from getting the vaccine if you work for a company that hasn’t mandated the vaccine and has less than 100 employees.
Many states such as Texas also don’t need state employees to get the vaccine. So those employees do have a choice whether to get vaccinated. Some other states may follow suit.
You may also be exempt from getting the vaccine if you are a remote worker. While remote federal employees must get vaccines, there is more flexibility in the private sector. For instance, a company that hires remote workers from all over the world will probably not force just its US-based employees to get the vaccine. As long as you don’t pose a danger to clients or other employees it is less likely that you will have to get the vaccine.
Do You Have to Get Vaccinated to Get a Job?
Many employers are asking candidates to show proof of vaccination before they can qualify for a job. Is this legal? The answer is yes. Employers can ask employees to get vaccinated for the safety of their clients and other employees.
So they can also require candidates to have proof of vaccination to get hired. It will be difficult to win a case against a company that requires COVID vaccination as a condition for a job offer.
You are still protected from discrimination under the Americans with Disabilities Act and Title VI during the hiring process. Employers will ask the question “Are you vaccinated or do you have a valid exemption based on a disability or religious belief?”. This protects them from any unfair hiring practices claims.
How Can You Prove Your Vaccination Status?
So what kind of proof are employers looking for to confirm vaccination status? You can provide physical proof of your status through the vaccination card issued by your vaccine provider. Some providers like Walgreens and CVs also provide digital proof of vaccination status.
Some states like New York also have apps that allow you to upload your vaccination cards to vaccination apps. Whenever you visit a public place that requires vaccination proof l you can show the app as proof that you got vaccinated.
What if You Have a Valid Medical or Religious Reason Not to Get Vaccinated?
So, what should you do if your employer mandates the COVID vaccine but you have a health condition or a strong belief that prevents you from getting vaccinated? You will need to provide proof of your medical condition or religious belief. For medical conditions, you can provide a note from a qualified doctor or health professional. For the religious proof, you will need to show evidence of your religious belief.
Note that your employer can and probably will question any religious reasons you give for avoiding the vaccine. You may need to prove that you haven’t taken any other vaccines or medications similar to the COVID vaccine. Additionally, your employer may still terminate your employment for financial hardship reasons.
The government may ask that employees that are not vaccinated undergo a weekly medical test. This could be costly for employers. Rather than shouldering the cost, they may opt to terminate employees that have valid reasons not to get the vaccine.
How Can You Protect Yourself at Work?
What can you do if you feel unsafe at work due to your employer’s COVID policies? First, you can ask your supervisor or HR manager for an overview of what your company is doing to keep employees safe from COVID. If the policies in place are not sufficient to prevent the spread of COVID, you could request a review. If nothing changes you could ask to work from home.
Once the Biden mandate takes effect you may also report your workplace to OSHA if they are not adhering to the mandate. Finally, if all else fails you can opt to look for a job at a safer workplace as your health comes fast.
Is the Covid Vaccine Required in the Workplace?
The COVID vaccine is shown to be very effective in slowing down the pandemic. This is why many employers are keen on getting their employees vaccinated. If your company mandates the COVID vaccine you may have to get it or face termination.
The only way to avoid the vaccine mandates is to have a valid medical or religious reason not to get the vaccine. If you’re looking for help with your staffing currently, Nexus IT can assist. Contact us to get started on finding top talent.