Just a year ago, the nation grappled with widespread business closures as we struggled to manage a global pandemic. While some believed strict measures were necessary, others protested, arguing for their personal freedoms—like needing a haircut. As businesses began to reopen, the controversy surrounding mask mandates continued, with some individuals claiming that wearing a mask while shopping infringed upon their rights. Similarly, requiring children to wear masks in schools was seen by some as a form of oppression.
Fast forward to today, and the new battleground is workplace vaccine mandates. Many individuals are expressing outrage that, after enduring an unprecedented global health crisis, their employers are now saying, “To keep our workplace safe, everyone needs to get vaccinated.” This has led to a wave of resistance among those who believe vaccination should be a personal choice.
However, the truth is, in many locations, employers do have the authority to require vaccinations. According to NPR, many companies can mandate that employees receive the COVID-19 vaccine before returning to the workplace. It’s worth noting that vaccine requirements are not a new concept; schools and businesses have had vaccination mandates for years.
While there is no federal law explicitly requiring employers to enforce vaccination mandates, there is also no law prohibiting them from doing so. This matter largely falls under the jurisdiction of private businesses and state or local regulations.
Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) confirms that employers can legally require vaccinations for employees who physically enter the workplace, provided they adhere to reasonable accommodation standards set forth by Title VII and the Americans with Disabilities Act (ADA).
The EEOC explains that employers must provide reasonable accommodations for those who cannot get vaccinated due to a disability or a sincerely held religious belief. This means that while employers can mandate vaccines, they must also consider individual circumstances and keep health-related information confidential.
That said, unless an employee can demonstrate a valid exception, employers may tell them, “If you choose not to get vaccinated, you may need to seek employment elsewhere.” After a challenging year, it’s understandable that businesses want to take all reasonable steps to prevent COVID-19 from spreading among their staff.
Some companies have already instituted vaccine mandates as they prepare for a more normal work environment. For instance, Delta Airlines has required all new hires in the U.S. to show proof of vaccination before starting. United Airlines is also contemplating a similar mandate, while Saks is insisting that employees be vaccinated before returning to the office this fall.
It’s reassuring to see that many long-term care facilities are also requiring their staff to be vaccinated, given their responsibility to protect vulnerable populations. Aegis Living, which operates numerous assisted living facilities, is expecting to dismiss around 100 employees who refuse vaccination, even though many staff members are compliant.
Many organizations are also providing incentives for vaccination, such as paid time off to get vaccinated (offered by Olive Garden, Target, and McDonald’s), cash bonuses (by Amazon, Kroger, and Walmart), and allowing vaccinated employees to forgo masks in the workplace (as seen at JP Morgan, Goldman Sachs, and Walmart).
The bottom line is that vaccine mandates are becoming increasingly common across various industries. The COVID-19 vaccine has proven effective, helping protect both individuals and those around them. Therefore, it may not be surprising if more companies require proof of vaccination from their employees, including yours. If you’re interested in exploring more about fertility testing, check out this insightful blog post here.