[US] Will employers mandate vaccinations as workers return to offices

The US is reopening at an unexpectedly swift pace with leading corporations - including Google, Facebook, Microsoft, Uber, Goldman Sachs and JPMorgan - expediting return-to-office plans. In light of this, Forbes considers whether employers will make vaccinations mandatory.

Executives are likely to want to require workers to get their shots, to help avoid potential legal liabilities over the chance of an infected person spreading COVID-19 to co-workers who could, in turn, pass it to family members. Having a fully vaccinated workforce would also help alleviate the concerns of other workers.

The challenge leaders confront is that not everyone is convinced about getting an injection. A study has revealed that about 17 per cent of Americans are taking a wait-and-see approach toward vaccinations, while roughly 20 per cent are not inclined to have the vaccination. Both Florida and North Dakota have introduced legislation prohibiting businesses from compelling workers to be vaccinated

This is unfamiliar and uncharted territory for companies. In the US, COVID-19 vaccines were approved by the FDA through an Emergency Use Authorization meaning that - unlike past vaccinations - this new injection is given with the information that it is completely voluntary. 

It does, nevertheless, appear that companies can legally require vaccines as a condition of employment; with certain exemptions. For instance, companies must accommodate religious beliefs or medical conditions. In a webcast last week one prominent executive weighed in on the topic. Jamie Dimon - JPMorgan CEO - said that the company could not yet require employees to be vaccinated prior to returning to the office.

According to advice from the largest human resources membership group, the Society for Human Resource Management: “The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that answers some workplace vaccination questions. Employers may encourage or possibly require COVID-19 vaccinations, but policies must comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII) and other workplace laws, according to the EEOC.” (Links via original reporting)

The EEOC recommended that employers evaluate four factors to decide if a direct threat exists:

* The duration of the risk.

* The nature and severity of the potential harm.

* The likelihood that the potential harm will occur.

* The imminence of the potential harm.

It remains a difficult call for managers to make. If an employee falls into the category in which they will not or cannot be vaccinated, but they present a potential health threat to colleagues, the supervisor must come up with solutions. This could include making reasonable accommodations; like isolating the person from others, which presents practical and social challenges. 

Managers may elect to ask the unvaccinated person to work remotely but this too could prove complicated and uncomfortable. What should a pregnant woman do if she has concerns about taking the vaccine? Forbes says it is unfair for her to be forced to choose between a job or the health and welfare of herself and her unborn child.

The issue becomes more complicated still when companies require their customers to be vaccinated. Airlines, sporting events, restaurants and cruise lines may call for vaccine passports yet, as with so many such issues today, the decisions become politicised. Some groups will claim that they don’t want their rights and privacy abridged and others may feel unhappy and unsafe being in close proximity with someone who could potentially spread the virus.

With many companies intending to have employees back in the office by May, June or July, executives have little time to decide how best to navigate these difficult decisions.

The US is reopening at an unexpectedly swift pace with leading corporations - including Google, Facebook, Microsoft, Uber, Goldman Sachs and JPMorgan - expediting return-to-office plans. In light of this, Forbes considers whether employers will make vaccinations mandatory.

Executives are likely to want to require workers to get their shots, to help avoid potential legal liabilities over the chance of an infected person spreading COVID-19 to co-workers who could, in turn, pass it to family members. Having a fully vaccinated workforce would also help alleviate the concerns of other workers.

The challenge leaders confront is that not everyone is convinced about getting an injection. A study has revealed that about 17 per cent of Americans are taking a wait-and-see approach toward vaccinations, while roughly 20 per cent are not inclined to have the vaccination. Both Florida and North Dakota have introduced legislation prohibiting businesses from compelling workers to be vaccinated

This is unfamiliar and uncharted territory for companies. In the US, COVID-19 vaccines were approved by the FDA through an Emergency Use Authorization meaning that - unlike past vaccinations - this new injection is given with the information that it is completely voluntary. 

It does, nevertheless, appear that companies can legally require vaccines as a condition of employment; with certain exemptions. For instance, companies must accommodate religious beliefs or medical conditions. In a webcast last week one prominent executive weighed in on the topic. Jamie Dimon - JPMorgan CEO - said that the company could not yet require employees to be vaccinated prior to returning to the office.

According to advice from the largest human resources membership group, the Society for Human Resource Management: “The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that answers some workplace vaccination questions. Employers may encourage or possibly require COVID-19 vaccinations, but policies must comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII) and other workplace laws, according to the EEOC.” (Links via original reporting)

The EEOC recommended that employers evaluate four factors to decide if a direct threat exists:

* The duration of the risk.

* The nature and severity of the potential harm.

* The likelihood that the potential harm will occur.

* The imminence of the potential harm.

It remains a difficult call for managers to make. If an employee falls into the category in which they will not or cannot be vaccinated, but they present a potential health threat to colleagues, the supervisor must come up with solutions. This could include making reasonable accommodations; like isolating the person from others, which presents practical and social challenges. 

Managers may elect to ask the unvaccinated person to work remotely but this too could prove complicated and uncomfortable. What should a pregnant woman do if she has concerns about taking the vaccine? Forbes says it is unfair for her to be forced to choose between a job or the health and welfare of herself and her unborn child.

The issue becomes more complicated still when companies require their customers to be vaccinated. Airlines, sporting events, restaurants and cruise lines may call for vaccine passports yet, as with so many such issues today, the decisions become politicised. Some groups will claim that they don’t want their rights and privacy abridged and others may feel unhappy and unsafe being in close proximity with someone who could potentially spread the virus.

With many companies intending to have employees back in the office by May, June or July, executives have little time to decide how best to navigate these difficult decisions.