Covid-19 Vaccine: Can Your Employer Make You Take It?

TL;DR

Employers have the legal authority to require employees to get vaccinated, but there are exceptions based on health, religion, and union representation.

Transcript

on march 13 2020 millions of workers throughout the country logged off their computers packed up their desks and never came back for months many of america's offices have sat empty conference rooms idle monitors dark coffee mugs dusty but as vaccines start to roll out employers are making plans to fill those offices back up how quickly they succeed... Read More

Key Insights

• ❓ Employers generally have the authority to require employees to get vaccinated, except in Montana where employment relationships are not considered "at-will."
• 😒 COVID-19 vaccines have been approved through emergency use authorization, which may complicate legal issues surrounding vaccine mandates.
• 🧑‍⚕️ Exceptions to employer mandates include health accommodations, religious accommodations, and negotiation with unions.
• 😚 Imposing vaccine mandates may come with complications, such as losing talented workers or damaging employee morale.
• 😚 Some industries, such as healthcare and retail, are more likely to implement vaccine mandates due to close contact with others.
• 🤕 Legislators in some states have proposed laws to ban vaccine mandates, highlighting the legal challenges that businesses may face.

Questions & Answers

Q: Can my boss legally require me to get the COVID-19 vaccine?

Yes, in most states, employers have the authority to require employees to get vaccinated, except in Montana. However, there are exceptions based on health, religion, and union representation.

Q: What happens if I refuse to get vaccinated?

Depending on the state and the specific circumstances, you may face termination. However, if your refusal is based on health issues, religion, or other valid reasons, you may have grounds to challenge the termination.

Q: Are all COVID-19 vaccines approved through the emergency use authorization process?

Yes, all COVID-19 vaccines currently available have received emergency use authorization. Some employment lawyers argue that this does not hinder employers from imposing mandates, while others believe it introduces uncertainty that may be tested in court.

Q: What are the exceptions to employer vaccine mandates?

Health accommodations under the Americans with Disabilities Act, religious accommodations, and negotiation with unions are notable exceptions to employer vaccine mandates.

Summary & Key Takeaways

• Employers have the authority to require their employees to take the COVID-19 vaccine, except in Montana where employment relationships are not considered "at-will."

• Vaccine approval through emergency use authorization may complicate legal issues regarding employer mandates.

• Exceptions to vaccine mandates include health accommodations under the Americans with Disabilities Act, religious accommodations, and negotiating with unions.