Employers must provide reasonable accommodations to workers who are disabled or who have sincerely held religious practices or beliefs.
Employers who administer vaccinations to employees should be mindful that pre-vaccination medical screening questions may be likely to elicit information about a disability, which would then require the employer to show that the questions are “job-related and consistent with business necessity.”
Employers who request proof of vaccination from employees should ensure that any other questions are tailored to avoid eliciting information about a disability unless it is “job-related and consistent with business necessity.”
When requesting information from employees in connection with their vaccination, employers should be careful not to elicit employees’ genetic information and may consider warning employees against providing it.
If the presence of an employee who cannot be vaccinated poses a “direct threat” at the workplace, which cannot be eliminated by a reasonable accommodation, the employer may physically exclude the employee from the workplace. This does not mean, however, that the employer may automatically terminate the worker – the employer must consider what protections the employee may have under relevant employment laws.
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