The Facts
The CDC has recommended that those in healthcare jobs should be among the first to receive the COVID-19 vaccination.
This is worrying many healthcare employees. In fact, according to AP News, up to 80% of healthcare workers are refusing the vaccination. Despite their frontline exposure in the depths of a pandemic, they fear the side effects caused by the vaccine.
In this article, we discuss whether you can refuse to be vaccinated against COVID-19 in healthcare jobs.
COVID-19 Vaccination in Healthcare Jobs Is Complicated
American law allows employers to insist on their healthcare staff receiving the vaccination, to protect themselves, each other, the workplace, and patients. Just like the shot for regular influenza, The Equal Employment Opportunity Commission (EEOC) said the U.S. employers can require employees to be vaccinated as a condition of employment.
Vaccination Exemptions
There are some exemptions. One of which is the Americans with Disabilities Act (ADA). The EEOC guidelines state that an employee cannot be excluded from their job – or be penalized with any other action – for choosing not to be vaccinated based on their disability.
The other exemption is based on the Title VII of the Civil Rights Act of 1964. An employer must not enforce a vaccination on an individual whose sincere religious beliefs prevent them from wishing to be vaccinated.
If you fall under either of these exemptions, employers may change how you work and offer alternative arrangements to accommodate your employment to protect the workplace from viral risk. Depending on your role, you may be offered remote working options, or other duties to prevent unnecessary exposure.
The crux of it is that yes, an employer can insist on mandating a vaccination in their workplace – unless you’re exempt for the above reasons. Title VII also clearly states that ‘a personal or political opposition to vaccination is not sufficient’.
Why Employers May Decide Against Enforcing the Vaccination
Despite the clear-cut muscle for healthcare employers to protect their staff, patients, and workplace, healthcare workers’ concerns are clear, and employers must take heed to avoid potentially spiraling and damaging complications. Therefore, and in this current political climate, it’s unlikely an employer will force vaccinations upon their staff, and instead take the route of highly recommending it.
Emergency use authorization has left healthcare employers in unstable territory; while they can insist on non-exempt healthcare workers to be vaccinated, they’re at risk of potential lawsuits against them.
Previous events show that U.S. courts generally side with hospitals in the court where health workers have opposed employer-mandated flu vaccines, providing the employer had sufficient exemption policies in place.
The EEOC also says that employers can dismiss employees who refuse to be tested for coronavirus before they return to work. It’s likely that as more data proves the safety of the Covid vaccine, such enforcement will apply to vaccine mandates too.
However, earlier vaccines have been developed over years, whereas the Covid vaccine has been compressed into months, with politics further casting doubt on its safety.
If an employer enforces the vaccine as a condition of employment, and the side effects cause negative effects to an employee, they are at risk of compensation claims against them. At present, an employer’s liability is at risk when mandating the vaccine into employment.
Therefore, until further safety evidence has been conducted on the vaccine, and the freedom of an American’s choice of vaccination is less at risk, many will choose to only strongly encourage their staff to protect themselves the best way they can.
Take the Next Step on Your Mental Health Career Path
So, the facts are that while employers can enforce vaccinations upon non-exempt staff, it’s likely that they won’t until there is further reassurance on the safety of the vaccination. In the meantime, expect employers to take a less rigorous stance and allow their healthcare workers to decide how best they can protect themselves and their patients.
Whatever you decide, you deserve a safe and enjoyable career in healthcare. Contact LoyalSource for the best guidance and opportunities in your profession today.