Well, at the time of this blog post at least, the proverbial jury isn’t out on that one yet. In fact, the jury hasn’t even formed, because vaccines are just starting to come out. So in order to take our best guess at what will be in the future, we have to look at current precedents.

And the current precedents are showing us that it is likely employers could be allowed to require employees to get the vaccine, and that refusal to do so would be equated to a quit. This is because right now employers are allowed to require employees to get tested for COVID-19 if they wish to return to work. The U.S. Equal Employment Opportunity Commission (EEOC) has stated this repeatedly in the past several months, and it is likely their logic will be applied to vaccination, once available.

An employer could easily argue that a non-vaccinated employee is a huge liability. What if they contact COVID-19 and spread it to others, leading to death or (something much worse for employers) having to pay workers compensation benefits (forgive our jest here)? An employer cannot countenance this risk to their business or the lives they employ.

That said, there may be some room for exceptions on the vaccine. An employee who can show documentation of a disability that precludes their ability to get vaccinated, or substantial proof of religious beliefs that preclude the possibility of getting vaccinated, may have a case against the employer from forcing it.

Of course, time will tell how it all pans out, but in the main, it seems that employers will be able to require it and that employees yet may find some exemptions.

If you have any further questions about the COVID-19 vaccine and employment, please call the business lawyers at Siciliano and Associates today.

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