EDMONDS, Wash. — It’s a simple question: Can my employer require me to get a coronavirus vaccine?
While the news is full of pictures of happy and relieved nurses, doctors and other frontline medical workers getting their first round of the Pfizer vaccine this week, various polls suggest not everybody is on board, even including some people in health care.
“The question is not totally settled yet, because the vaccine has not been generally available,” said Everett attorney Todd Nichols, who handles employment law cases. “But the consensus in the employment law community is that an employer can require a vaccination.”
Nichols said employers can require drivers of its vehicles to wear seat belts, and schools require vaccines.
“For example, it’s legal for an employer to hire non-smokers,” said Nichols.
And let’s not forget the flu vaccine, which is also required by many employers largely to protect other employees so the enterprise doesn’t suffer a massive sick out.
“An employer can require an employee to obtain a vaccination prior to an employee returning to the workplace,” said Aaron Rocke, an employment law attorney in Seattle. “The law does require a little safety valve. If the employee has a specific medical concern or bonafide religious or similar objection, then we have to have a conversation whether that’s an accommodation that can be made or not.”
Rocke also referred so the U.S. Equal Employment Opportunity Commission (EEOC), which is providing guidance on employment law when it comes to the coronavirus. We’ve seen some of those questions asked and answered before: Can your employer ask you to stay at home if you have symptoms of COVID-19? The answer is yes.
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