Find out what the EEOC says and how some employers are persuading workers to get the shot(s).

As more COVID-19 vaccines become available, employers have questions. Can they require workers to get the vaccine? What if an employee refuses? Here are answers to these questions and more.

Can employers make the vaccine mandatory?

The Equal Employment Opportunity Commission (EEOC) says yes, employers can mandate the COVID-19 vaccine. However, some employees with disabilities or religious objections are exempt.

If an employee is unable to receive a COVID-19 vaccine because of a disability or religious objections, employers have to make reasonable accommodations. For example, they might offer work from home as an option. Employees who meet the qualifications for vaccine exemption must be accommodated as long as it doesn’t create an undue hardship.

What if reasonable accommodations can’t be made for exempted employees?

In a case where there is no reasonable accommodation, the employer may exclude the employee from the workplace. This does not mean the worker can be automatically terminated. EEOC guidelines state, “Employers will need to determine if any other rights apply under the EEO laws or other federal, state, and local authorities.”

The Society of Human Resource Management advises employers that they “may face discrimination claims if they deny accommodation requests based on medical or religious objections.”

How are other employers persuading employees to get the vaccine?

Human Resource Executive says the number one way to encourage workers to get the COVID-19 vaccine is education. Reaching out to employees helps address both fears and misinformation.

Northwell Health in New York is using a campaign of influencers to educate and motivate its 74,000 employees to get the vaccine. A multidisciplinary team created an online platform where employees can register for vaccine appointments; let people know what to expect when getting the vaccine; held live Q&A sessions with clinicians; and produced a myth-busting document. Read more about the campaign.

Many employers are turning to monetary incentives. At Trader Joe’s, workers get two hours of pay for each COVID-19 vaccine dose they receive. Target ups the ante by providing hourly frontline employees two hours of pay for each vaccine dose and free Lyft rides. Kroger’s incentive is a $100 payment in the form of store credit to all associates who receive full doses of the vaccine.

As we move through the vaccination phase of this pandemic, two things are clear: the next steps require employers to carefully think through their plans and keep the lines of communication open.

We encourage all businesses to speak with their attorneys as they create their individual vaccination plans and policies.

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