New guidelines from the Equal Employment Opportunity Commission state that employers can request vaccinations but must make reasonable provision for those who cannot be vaccinated for “righteous” religious beliefs or medical reasons.
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Still, there are more considerations for employers than just whether or not mandates are acceptable. There are a number of complex legal and practical issues to deal with. Are you liable if an employee experiences a side effect from the shot? Could the vaccine requirement lead to backlash and more resistance?
“This is such a polarizing subject that there are more questions than answers,” said Ken Winkler, attorney at Berman Fink Van Horn law firm in Atlanta. “And for those employers contemplating taking action, this can be a scary moment that can require a soul-searching for the right approach.”
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Karen Bremer, executive director of the Georgia Restaurant Association, said the industry is excited about the COVID-19 vaccine as restaurants try to stay afloat and recover from brutal, pandemic-induced losses.
“Many restaurants really want this vaccine,” said Bremer. “And they want their customers to feel comfortable in their restaurants. But every company has to weigh all the consequences. “
State Senator Ben Watson, right, watches one of the first vaccinations of the Pfizer-BioNTech COVID-19 vaccine given to healthcare workers in Savannah on Tuesday. (AJC Photo / Stephen B. Morton)
Photo credit: Stephen B. Morton for the Atlanta Journal constitution
Photo credit: Stephen B. Morton for the Atlanta Journal constitution
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Big companies can show the way
Winkler said big companies like Delta could be the trendsetters.
Delta Air Lines did not say whether employees need to be vaccinated. However, on NBC News’ 3rd Hour of Today show, CEO Ed Bastian said, “We will strongly encourage all of our employees to ensure they receive this protection and vaccination against this deadly virus.”
Bastian said many of the company’s employees are qualified frontline workers and should be vaccinated in early distribution rounds. It is unclear when exactly vaccines will be available for those who do not work in the healthcare sector or live in long-term care facilities. But the next group that is likely to be prioritized will include people over 65 with health issues and key workers like police officers, workers, and teachers in food and packaging distribution.
Bastian said the company is speaking to authorities about how employees can be vaccinated, and he expects it will be a requirement for international travel.
According to the Federal Aviation Administration, pilots are prohibited from taking any drugs, vaccinations, or inoculations for at least a year after they are approved by the FDA.
But the FAA said on Dec. 12 that pilots can get the Pfizer vaccine while maintaining their certification.
“This is such a polarizing topic that there are more questions than answers. And for those employers who are considering taking action, this can be a scary moment that can require a soul-searching for the right approach. “
– Ken Winkler, labor attorney
The vast majority of Americans won’t be eligible for the vaccine until spring or later.
Many Georgia companies say they haven’t made decisions about what to do when one is available for their employees. A Home Depot spokesman said “It is far too early” to make a decision on whether vaccination is needed.
“Our first priority is the health of our employees, just as it was during the pandemic,” said Margaret Smith, spokeswoman for Home Depot, the largest Georgia-based company. “For example, we offer free flu shots for all employees every year, but there aren’t enough details about the introduction of the COVID vaccine yet.”
For flu vaccinations, the EEOC has advised employers to encourage rather than require them, but the agency has not prohibited employers from making flu vaccinations mandatory, especially if the flu is severe.
A Coca-Cola spokesman simply said, “We don’t have any information to share right now.”
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Georgia’s $ 41 billion poultry industry has been particularly hard hit by COVID-19 outbreaks. However, Mike Giles, President of the Georgia Poultry Federation, said in a text: “I am currently not aware of any employers who intend to make this mandatory.”
The industry is pushing for their workers to be classified as essential to bringing the vaccines to the earlier side.
The first doses of the Pfizer vaccine to hit Georgia are for healthcare workers and residents of nursing homes.
According to Anna Adams, vice president of government relations for the Georgia Hospital Association, hospitals are unlikely to make the COVID-19 vaccine mandatory, at least for now.
Hospitals want to help protect employees, but “we don’t want them to feel like they have no choice in their personal health decisions,” she said.
While a flu vaccine is usually required for healthcare workers, they may be waived for medical or religious reasons, but must take precautions such as wearing masks.
Adams said that since the COVID-19 vaccine is approved for emergency use and is in short supply, it doesn’t make sense to need it.
Hospital systems are discussing whether the vaccine could and should be needed later, Adams said. She added that the next few months will be crucial in collecting more information about the vaccine.
The more people get the vaccine and it turns out to be safe and effective, the more likely those who hesitate will be willing to receive the vaccine, she believes.
More people willing to get vaccinated
Instead of forcing the problem, some companies may look to ways to incentivize employees to get vaccinated, such as getting vaccinated. B. Offer financial benefits as part of their wellness plans. Another way to motivate employees, according to labor attorneys and HR professionals, is to remind them that vaccination eliminates the need for daily temperature checks or reduces the need for personal protective equipment.
Employers could also encourage employees who have not been vaccinated to use their personal free time for the required quarantine.
The COVID-19 Pfizer BioNTech vaccine will be given into a syringe given to a Gwinnett, Rockdale and Newton Counties Health Department employee at the Lawrenceville County Office on Wednesday. Gwinnett County received 2,000 Pfizer vaccines for distribution. (Alyssa Pointer / Alyssa.Pointer@ajc.com)
Photo credit: Alyssa Pointer / Alyssa.Pointer@ajc.com
Photo credit: Alyssa Pointer / Alyssa.Pointer@ajc.com
Employers wishing to require vaccination need to be prepared for the possibility of considering a variety of exemptions and losing high performing workers who refuse to be vaccinated.
A new survey by the Kaiser Family Foundation found that 71% of adults surveyed said they were “definitely” or “likely” to receive a vaccine, an 8% increase from three months ago. But that still leaves about 27% of Americans hesitating.
People have ingrained beliefs about vaccination in general, coupled with strong political views, Winkler said. That could be “a real challenge for employers,” he said.
Experts say that around 70% of the population must be vaccinated or have natural antibodies in order to achieve herd immunity.
Once the vaccines are widely available, a bigger question is whether states can require residents to receive them. The short answer is yes, according to law and public health expert Joanne Rosen, a senior lecturer in health policy and management at the Center for Law and the Public Health at Johns Hopkins University.
In a recent podcast on public health on-demand, Rosen said a 1905 US Supreme Court case, Jacobson v Massachusetts, confirmed that states can enforce vaccinations. This case originated in the midst of an outbreak of smallpox in Cambridge. State law allowed cities to require residents to be vaccinated against smallpox, just as Cambridge did. Those who refused would face a $ 5 fine.
Jacobson refused the vaccination mandate. He made a number of arguments, including that his constitutionally protected interests in freedom were being violated.
Rob Farinella, founder and CEO of the Blue Sky advertising agency, is looking forward to his office space being filled with colleagues again. “I’m a social person,” he said. “I really miss being in the office. I know there are obstacles to this now so I’ll sign up. “(STEVE SCHÄFER FOR THE ATLANTA JOURNAL CONSTITUTION)
Photo credit: Steve Schaefer
Photo credit: Steve Schaefer
The Supreme Court stated that states have the power, within their police powers, to make appropriate regulations necessary to protect public health, public safety and the common good.
Despite being 115 years old, Rosen said, that continues to be the benchmark for the state’s power to mandate vaccinations.
But, according to Rosen, there are other options, such as education campaigns, transparency about the vaccine, and side effects, that make it easy to get a vaccine. Providing an opt-out mechanism could protect the overall integrity and legitimacy of the vaccination regime and public health, Rosen said.
In Georgia, state officials have not indicated that they will consider making a COVID-19 vaccine mandatory and it seems unlikely that they will be unwilling to ask for masks.
When asked if there had been talks about vaccine requirements, particularly for workers in high-risk occupations, Governor Brian Kemp said those discussions could move into the future. But right now, he said, there aren’t even enough vaccines to meet demand.
Meanwhile, Farinella said he was looking forward to the day when he was back in the office and working face to face. He’s ready to roll up his sleeve on a vaccine.
“I’m a social person,” he said. “I really miss being in the office. I know there are obstacles to this now so I’ll sign up. “
The authors Greg Bluestein and Michael E. Kanell contributed to this article
