As the Pandemic eases and rates now drop below March 2020 numbers in the United States, offices are beginning to open and business travel is beginning to resume. In the United States, at least, vaccinations have become a highly politicized topic of conversation, one with people on both sides that have legitimate reasons to believe what they do as well as extremists who just preach what others around them tell them to. Institutions and employers requiring its employees and/or students to become vaccinated in order to return to normal. But is this back to normal? Is it right to impose a vaccination requirement in the workplace?
Let me preface this topic with stressing that, in my opinion, everyone who is able should be vaccinated or get vaccinated. I myself am gladly vaccinated and will even get a booster if the time arises. The COVID Pandemic brought with it an acceleration in mRNA based vaccines that will grow into a game changer in the field of medicine and our modern lives. They are incredible, even if some remain skeptical. But some have every reason to be skeptical as well. They are very new, they were only approved by the FDA on an emergency basis, and are still going through longer term research. And it is even for some of these reasons that I believe it could be potentially dangerous for a company to require a vaccination.
Let me preface this topic with stressing that, in my opinion, everyone who is able should be vaccinated or get vaccinated. I myself am gladly vaccinated and will even get a booster if the time arises. The COVID Pandemic brought with it an acceleration in mRNA based vaccines that will grow into a game changer in the field of medicine and our modern lives. They are incredible, even if some remain skeptical. But some have every reason to be skeptical as well. They are very new, they were only approved by the FDA on an emergency basis, and are still going through longer term research. And it is even for some of these reasons that I believe it could be potentially dangerous for a company to require a vaccination.
Can a company ask for proof of vaccination? Yes, there are currently no rules or regulations that restrict an organization from asking this question. There are also limited rules for companies requiring vaccinations. So long as the organization provides legitimate reasons for requiring a vaccination and/or provides accommodations for those with medical reasons or firm religious beliefs. It does, however, walk a dangerous line in what an organization is allowed to ask. For example, according to an article on https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employers-should-be-cautious-when-asking-about-vaccination-status.aspx
asking as to why someone is not vaccinated can dip into legal ramifications with regards to the American Disabilities Act.
Why would a company require proof of vaccination? There are several legitimate reasons a company could require a vaccination. If the company worked with produce or food that is mass distributed, it may be legitimate to request the employee provide proof of vaccination in order to return to work. These workers' health could have far reaching impacts and therefore should protect themselves and the health of their customers. Another example would be a company in the medical industry that knowingly interacts with patients whom may be immune compromised. Hospitals, health care workers in general, should ideally become fully vaccinated to protect their patients and their fellow health care workers.
What about a standard office environment or even a manufacturing environment? Are there legitimate reasons for these types of companies to require proof of vaccination to return to the office? And separately are there reasons for these types of companies to require the same for business travel? Is it ethically responsible to impose such blanket requirements on employees? These are great questions that still don't have complete answers. Some of them are still being debated in the courts, even some states are considering legislation that ban companies from asking for this information. Several large organizations are split on the issue. Delta Airlines, for example is requiring new employees to be vaccinated, yet American, United, Southwest and Alaska airlines are not making such a requirement. (source: https://www.wfla.com/community/health/coronavirus/can-my-employer-ask-if-i-have-received-the-covid-19-vaccine-what-you-need-to-know/)
So can an organization require proof of vaccination? Currently, the answer is yes, but over the course of the next few years that could change in some states. Some companies are erring on the side of caution and requiring these to reduce risk of liability. Will proof of a booster shot become required as well? Will I now need proof of a Flu vaccination? Can this be a slippery slope or split citizens into a class system? Only time will tell, and given the highly opinionated nature of these vaccinations, I have a feeling an answer will reveal itself in the coming months.
asking as to why someone is not vaccinated can dip into legal ramifications with regards to the American Disabilities Act.
Why would a company require proof of vaccination? There are several legitimate reasons a company could require a vaccination. If the company worked with produce or food that is mass distributed, it may be legitimate to request the employee provide proof of vaccination in order to return to work. These workers' health could have far reaching impacts and therefore should protect themselves and the health of their customers. Another example would be a company in the medical industry that knowingly interacts with patients whom may be immune compromised. Hospitals, health care workers in general, should ideally become fully vaccinated to protect their patients and their fellow health care workers.
What about a standard office environment or even a manufacturing environment? Are there legitimate reasons for these types of companies to require proof of vaccination to return to the office? And separately are there reasons for these types of companies to require the same for business travel? Is it ethically responsible to impose such blanket requirements on employees? These are great questions that still don't have complete answers. Some of them are still being debated in the courts, even some states are considering legislation that ban companies from asking for this information. Several large organizations are split on the issue. Delta Airlines, for example is requiring new employees to be vaccinated, yet American, United, Southwest and Alaska airlines are not making such a requirement. (source: https://www.wfla.com/community/health/coronavirus/can-my-employer-ask-if-i-have-received-the-covid-19-vaccine-what-you-need-to-know/)
So can an organization require proof of vaccination? Currently, the answer is yes, but over the course of the next few years that could change in some states. Some companies are erring on the side of caution and requiring these to reduce risk of liability. Will proof of a booster shot become required as well? Will I now need proof of a Flu vaccination? Can this be a slippery slope or split citizens into a class system? Only time will tell, and given the highly opinionated nature of these vaccinations, I have a feeling an answer will reveal itself in the coming months.