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U T P A T I E N T S U R G E R Y M A G A Z I N E • F E B R U A R Y 2 0 2 1
T
he COVID-19 vaccines are beginning to be
administered and you face the possibility
that some members of your staff will refuse
to get inoculated. The U.S. Equal Employment
Opportunity Commission (EEOC) has issued guid-
ance on your rights as an employer and what you
need to know about the legal issues surrounding
the vaccine. Here are answers to key questions you
might have about making vaccination mandatory —
and what to do when employees decide to pass on
receiving their shots.
Can you require staff
to get vaccinated?
Yes, according to the EEOC (osmag.net/aD9GRe),
which states that requiring your employees to get
vaccinated does not violate the Americans With
Disabilities Act (ADA) if you can make the case that
they are a direct threat to the health and safety of
others in the workplace. In other words, if it can be
determined that an unvaccinated employee would
expose others to the coronavirus, a COVID vaccine
can be mandated.
You can ask for proof that your employees have
been vaccinated because the COVID vaccinations
are not considered medical examinations and not
covered under ADA or Genetic Information
Nondiscrimination Act (GINA) restrictions. Make
sure, however, that you ask employees to not send
any other medical information along with the proof
of vaccination that you're not entitled to, as posses-
sion of health histories could cause future legal
issues for your facility.
Can staff members
refuse to get vaccinated?
Yes, employees can decline vaccination on a variety
of grounds and for any number of reasons, includ-
ing personal choice, fear that the immunizations
were rushed onto the market, concerns about long-
How to Handle COVID-19 Vaccinations
Understanding anti-discrimination laws will help you navigate the rollout.
Legal Update
Casey Duhart, BS, M.Ed, JD
ADDED PROTECTION Vaccination could be considered mandatory in healthcare settings if it's determined unvaccinated workers put the well-being of others at risk.