Also next week, the department of state health services is expected to ship more than a million first doses of cover 19 vaccine to providers all across texas and with shots soon becoming more widely available. We wanted to know. Can employers required employees to get vaccinated, kv’s darnisha herring once again spoke with an attorney for answers. Hi clinton, brondon. Thank you for joining us. Um brondon is the founder of cbr law firm. You have been working in law for over 30 years, so you are an expert in this matter that i’m about to ask you about. As you know, monday, all adults will be able to get vaccinated, so will employers be able to require their employees to get the covet 19 vaccine derination during this once in 100 year pandemic, employers are being given lots of powers to infringe on the rights of their Employees that they didn’t have before we can only hope that, once this pandemic passes, those powers will be taken back it’s hard once they’re given to an employer to get them back many times. But to cut to the question you’ve asked me: yes, it appears based on some guidance from the eeoc, the federal equal employment opportunity, commission that employers can require their employees to be vaccinated against covid, particularly in high risk occupations. If the employees work in a hospital or a nursing home, for example, but even in a white collar job, where the employee isn’t necessarily coming into contact with the public, it appears based on that federal guidance that an employer can require if they choose to have an Employee be vaccinated against coven.
Are there any exceptions? There are fortunately, exceptions under the federal law. If the employee has a sincerely held religious belief that prevents them from getting vaccinated or the employee has a disability under the americans with disabilities act. That would make the employee more susceptible to an adverse side effect from the vaccine. Then the employer has a duty under federal law to make reasonable accommodations for the employee, and that might include, for example, allowing the employee to work from home. Telecommute, in essence, is what we used to call it now, it’s becoming more the norm for many employees, accommodations of the employee to work around the disability or sincerely held religiously. Can employers require their employees to get the cover 19 rather get tested for cover 19.? Yes, one of the issues you look at legally in these types of analyses is whether a vaccination, for instance, is a medical examination and those are prohibited, except under very limited circumstances. The eeoc’s guidance a couple months ago was that a vaccination for covett is not a medical examination and therefore most lawyers read that to mean that it can be required. A test for covid clearly is a medical examination, and the eeoc has conceded that but they’ve. In essence, based on their guidance made an exception for covid and the eeoc has said that employers can require their employees to be tested for covid because of this pandemic. So, as we know right now, there’s not enough vaccine for everyone.
But have you heard or seen more ceos or employers starting to say that later on in the future, maybe in the summer, maybe next year that they will start to require people to have that coping 19 vaccine right now, based on the reporting i’ve seen and from What i’ve heard from other lawyers in anadoli you know in in the media? It appears that most employers, even in high risk occupations, are not mandating the covet vaccine as more and more people get vaccinated as the fear factor subsides as we learn, hopefully that the side effects are minimal and is only a very small percentage of the population. That experiences those side effects, my prediction is you’ll, see more employers tending and leaning towards requiring it, or at least incentivizing. It. Amazon, for example, was paying employees. It was a de minimis amount, but some amount once they were vaccinated, so i think it’s always better.