Legal experts Charlie Gasparino of Fox Business says the case law in such cases is thin but on the side of employers.
As health care workers and the elderly began receiving the long-awaited COVID-19 vaccine this week, the Equal Employment Opportunity Commission issued updated guidelines clarifying that in most cases the employer may require vaccinations when they become widely available.
The EEOC, which enforces employment laws such as disability laws for Americans, said Wednesday that vaccinations do not conduct a “medical examination,” which prohibits employers from forcing them to do so.
Because of this, employers may require workers to be vaccinated, except in special cases, such as workers with religious beliefs preventing them from being vaccinated.
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Employers should also be careful about how they administer the vaccine, as “pre-vaccination questions may apply to the AADA’s Disability Inquiry Provision, which is a complete information disability inquiry.”
With the release of Pfizer’s ERWID-19 vaccine rolls, the next step is getting people to take it.
In short, employers are allowed to set the terms of employment of an individual.
“Your body is cultured by the government, but not by the employer,” Rev. Andrew Nappalisto, a senior judicial analyst at Fox News, told Charlie Gasparino. “Owners have a duty to maintain a safe environment and may engage in behaviors intended to ensure the safety of the public.”
Updated guidance comes as many Americans are still skeptical about the vaccine.
According to a Gallup poll released last week, one percent of Americans now say they are ready to be vaccinated, down from 50 percent in September.
About half of working Americans, 49%, say employers need vaccinations in the workplace, according to the 2020 Eagle Hill Consulting COVID-19 vaccines and the Workplace Survey conducted by Ipsos earlier this month.
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“As the Covid-19 vaccine reaches workers, there is reason for families, businesses and the economy to be truly optimistic after a crushing year. But as our research suggests, the road ahead for employers will be more complicated,” said Melissa Jazzier, president and CEO of Eagle Hill Consulting. Said in the statement.
“Employees are clearly divided on employer vaccination orders, so it doesn’t matter where the employer will land on inoculation requirements.”
