Can Employers Mandate Vaccines?
According to updated guidance from the U.S. Equal Employment Opportunity Commission, contractors and other employers throughout the country are free to make the COVID-19 vaccination a job requirement without fear of violating federal laws. Still, reasonable accommodations for employees who choose not to get the vaccine due to religious beliefs or health conditions should be made (like wearing face masks and working remotely when possible).
The following vaccine FAQs were compiled from AGC of America and ENR.
What should employers consider before requiring employees to be vaccinated?
First things first: Be sure you can clearly communicate the reasoning behind the mandate, specifically how the vaccine is job related and consistent with business necessity. Employers should also ensure that policies fully inform employees of applicable requirements and explain how they can seek an exemption as an accommodation, based on a medical condition or a sincerely held religious belief. If an employee seeks an exemption, employers must document an interactive exchange with the employee to determine whether a reasonable accommodation would enable them to perform their essential job functions without compromising workplace safety.
Can employers disclose which employees have or have not been vaccinated?
Steer clear of disclosing any employee’s vaccine status, as it could violate employee privacy laws. Instead, ensure to any involved parties with a legitimate need to know, that you won’t send employees who have not been vaccinated to any jobsites.
What should union contractors consider when adopting a vaccine policy?
For your union personnel (including any project labor agreement), you may be required to bargain with the union over adoption of a vaccination mandate or over the effects of any vaccination policy. You should consult the management rights, health and safety, and any other applicable provisions within such agreements that may permit or restrict your authority to unilaterally adopt or implement a vaccination policy, along with any analogous past practices in effect. Check with Bay Area SMACNA for specific guidance.