Can Employers Require COVID-19 Vaccination in Various Locations
An employer can require vaccination if you want to continue working there. But there are exceptions for potential disability concerns and religious beliefs.
Vaccination Policies in Different Locations
In Ontario, employees have a workplace safety right. Employers must protect from illness or injury. Mandatory vaccination would not be permitted, but employers could encourage vaccination to decrease COVID-19 spread.
Vaccination Requirements and Accommodations
The U.S. Equal Opportunity Employment Commission issued guidance indicating that employers can require their employees to get vaccinations against COVID with certain exceptions. The exceptions include employees who can’t receive the COVID vaccination due to medical reasons.
COVID-19 Vaccination in Various Workplaces
All Department of Defense personnel will now be vaccinated against COVID-19. The Pentagon announced it is working on adding the vaccine to the list of required inoculations for service members.
Legal Considerations and Employer Actions
In BC, most workplaces do not have a legal mechanic to force employees to get vaccinated, so vaccination policies are pretty hard to enforce. If an employer tried and fired employees for not getting their jab, they could be dealing with a wrongful termination claim. Employers can require new hires to be vaccinated.
Encouraging Vaccine Acceptance
Ideally, government and the business world will encourage everyone to accept the COVID-19 vaccine, which for many will be a matter of life or death. That means placing the focus on what we stand to lose by not taking the vaccine. Smart employers will encourage their workers to get the vaccine through educational campaigns why the vaccine is important and why it is safe.
Legal Challenges and Employee Rights
While vaccine mandates have become more common in the workplace, they can raise legal challenges. If you have a medical condition that prevents you from receiving the vaccine, your employer may be required to provide reasonable accommodations. If getting vaccinated goes against your sincerely held religious beliefs, you may be entitled to an exemption.
Conclusion
Employers have an obligation to provide healthy workplaces, while employees must take care of themselves. The issues around vaccinations will have to be considered case-by-case. Many employers will ask staff to take the vaccine and would consider this reasonable. However, in most cases, it would be risky to subject an employee to an overt detriment for not following this request.