Because of the latest outbreak of measles, many employers are wondering if they can require vaccines for their employees. This is a tricky question that may have a different answer depending on the circumstances. The following text discusses various aspects of this topic and when an employer can or can’t mandate vaccinations.
Defining the Nature of Employment
Most employment is considered “at will,” meaning the employee voluntarily chooses to work for the employer. For this reason, the short answer is that an employer can legally mandate a vaccination policy. More specifically, it would depend on what kind of company the employee works for. People who work for hospitals or any other type of health facility are normally required to have a myriad of vaccinations and health tests before employment can begin. In most office environments, though, it probably wouldn’t be worth the time or the cost to have each employee’s immunity tested and then pay for vaccinations.
In general, private companies have more freedom regarding what they can and can’t require of their employees. Private businesses can terminate a non-union employee for anything that isn’t specifically protected by law. In most cases, an employer can mandate vaccinations as long as an employee’s religion and/or disability are accommodated.
Exceptions to Mandated Vaccines
There are some things employers need to be aware of before requiring vaccinations. There are generally four reasons why mandating a vaccine may not be legal. Union employees with a collective bargaining agreement may not be required to get a vaccination without the approval of the union. Those who have an employment contract may also be exempt. Individuals with religious beliefs that prohibit them from taking vaccines can’t be forced due to protection under First Amendment rights.
Finally, it’s possible that a short-term illness, such as the measles, may be protected by the Americans With Disabilities Act (ADA). Even though the limited impairment a person experiences when suffering from the measles would probably not meet the criteria of the law, employers should tread cautiously if they’re considering requiring vaccinations. In most cases, it would be wise for a company to seek legal counsel to determine if it’s in the company’s best interest to require its employees to be vaccinated.
If your company is considering requiring employee vaccination, contact The Behal Law Group to discuss how you can protect yourself from unnecessary business litigation.
