Health
Can your employer get you vaccinated with COVID-19?
Las Vegas (KTNV) — COVID-19 vaccine clinical trials are ongoing. As the COVID-19 pandemic enters the flu season, questions about mandatory vaccinations at work have become more important than ever.
13 Action News spoke with a local lawyer to see if the employer could request COVID-19 vaccination once it became available.
Spencer Fane’s medical lawyer Ayesha Medhi says the answer is “yes”, but there are restrictions and gray areas if the employer chooses to do so. It is not always clear. Mehdi states that there are two possible scenarios that can occur in Nevada.
Relation: Survey: Only half of Americans chose to get the COVID-19 vaccine
“It depends on the situation. If the state has mandatory legislation requiring everyone to get the vaccine, we have the situation, especially in hospitals where you endanger the health of others. Employers like colleges. No doubt they can force people into people. Vaccine if state mandates. ” “Another scenario is when the employer has it in the contract, and you sign the contract and you agree, and they will get the vaccine,” Mehdi said. It will be another way you can command. “
Legal experts believe that the federal government is unlikely to order a compulsory vaccine, but in some cities and states, it decides to order it once enough is given to everyone. I can do it.
Mehdi explains that some people may be legally exempt from vaccination, with some consequences. Employers can give “reasonable consideration” for religious reasons or for disabilities protected by the ADA. However, employers must determine in doing so that exempt employees can perform important duties without compromising the safety of their colleagues.
“If the vaccine is required by the state or stated in the contract and the employee does not qualify for an exemption, religion, or medical exemption, the employer will call the employee because we are a free will state. You can dismiss. Therefore, the employer has no effect on all rights and employers to let go. “
According to Mehdi, your personal social and political beliefs and debates about the effectiveness of the vaccine are not legally protected reasons for denying orders from vaccinated employers.
OSHA and EEOC advise employers to encourage and not mandate influenza vaccination, for example in similar cases regarding influenza vaccination. He also states that employers can request flu shots, especially if the flu is severe. However, you must be informed of its benefits and your employer should protect the privacy of your medical information.
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