Navigating Employer Vaccine Requirements for COVID-19: Rights, Risks, and Realities
The debate over mandatory vaccinations for the novel coronavirus (COVID-19) in the workplace is becoming increasingly complex. As the United States operates largely under a 'right to work' framework, employees should be aware of both the rights and the responsibilities involved when their employer requires vaccination.
Employee Rights and Employer Authority
The United States is predominantly a 'right to work' country, meaning that employees have no indispensable right to continue working. Employers have the freedom to terminate employees for any reason, or for no reason at all, adhering to the principle that all employment is at the employer's discretion. While three states have imposed a few "wrongful dismissal" laws, these are rarely effective, and the legal barriers can be formidable.
It's important to understand that employers are under no legal obligation to consider religious beliefs, personal opinions, or individual immunological status. This means that an employer has the authority to implement vaccination requirements without any consideration for an employee's personal health concerns or religious beliefs. This assertion is supported by the absence of a legal mandate requiring considered religious or personal objections.
Employer Liability and Safety Concerns
What employer would stand willing to assume the legal repercussions of having an infected or potentially infected individual in their workplace? The risk of unvaccinated employees spreading the virus to customers or colleagues is substantial. An employer could face massive lawsuits, particularly in cases involving wrongful death or negligent manslaughter.
On the flip side, if a mandatory vaccination policy is not enforced, employees might legally argue that the employer has failed to provide a safe and healthy work environment. This could create a legal liability under the Occupational Safety and Health Act, which mandates a safe working environment for all employees.
Mandates vs. Protections
While some employees with immune-compromised conditions may have protections under the Americans with Disabilities Act (ADA), requiring employers to provide reasonable accommodations, the practicality of this can be limited. In most cases, the courts have consistently sided with employers who implement vaccination mandates.
Only in extremely rare and specific circumstances have employees won cases, and even then, the conditions are highly specific. This highlights the strength of employer mandates in the current legal landscape.
Personal Decision-Making: Risks and Benefits
As an employee, you may ask, 'What is the risk-benefit ratio of getting vaccinated compared to contracting the virus?' While vaccine-related deaths are rare, they do occur, and personal assessments should include these statistics.
Consider the allergy status and any recent surgical procedures, especially involving facial operations. It is advisable to consult a doctor if you fall into any of these categories. Your medical background could influence the decision, and discussing it with a healthcare professional is crucial.
Researching and understanding the current statistics on both the vaccine and the virus can help you make an informed decision. Always consult a physician, especially before getting a vaccine at a location other than a medical setting.
Be well.