Get Vaccine Or Be fired? Federal Agency Affirms Companies Can Force Employees To Get Vaccinated
The federal government announced that businesses could ask their employees to get vaccinated against coronavirus so they could enter the facility. Also, they can offer incentives for getting the vaccine.
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Simultaneously, legal experts confirmed that owners could fire employees who refuse to get the vaccine. It’s completely legal!
The Equal Employment Opportunity Commission’s updated guidance explains that the vaccine mandates don’t violate equal employment regulations.
“The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below,” the agency stated. “These principles apply if an employee gets the vaccine in the community or from the employer.”
The EEOC affirmed enterprises that offer incentives for workers who get vaccinated, even though the agency cautioned against “substantial” incentives.
Yes, if any incentive (which includes both rewards and penalties) is not so substantial as to be coercive. Because vaccinations require employees to answer pre-vaccination disability-related screening questions, a very large incentive could make employees feel pressured to disclose protected medical information. …however, this incentive limitation does not apply if an employer offers an incentive to employees to voluntarily provide documentation or other confirmation that they received a COVID-19 vaccination on their own from a third-party provider that is not their employer or an agent of their employer.
Politico reported that businesses put pressure on the EEOC to “clarify whether employers could offer paid time off or even cash to encourage vaccination.”
“[E]mployers including Dollar General, Aldi, and Instacart have already moved to reward their employees for receiving the COVID-19 vaccine by offering paid time off and cash stipends,” the report added.
Can people get fired because they refused to get the vaccine?
Since the vaccines are available to all American adults, employers asked their employees for a vaccination paper. However, those who didn’t want to get the vaccine started to be terminated, which led to lawsuits.
Legal experts stated that firing employees who refuse to get vaccinated is legal, precisely because many states have “at-will” employment laws.
“I am not aware of any court or agency at the state or federal level that has held that the Emergency Use Authorization language prohibits an employer from enforcing a vaccine mandate,” lawyer Erik Eisenmann stated for Bloomberg News.
“It’s a condition on future employment. And institutions can do all sorts of things as a condition of employment,” Nicholas Bagley, a law professor at the University of Michigan, stated.
“The argument looks good for about a half-second, and then, as soon as you start digging, it starts to look much, much worse,” Bagley told Bloomberg, referring to the EUA argument.
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Source: theblaze.com
