In addition to implementing controls to stop the spread of the flu, many employers in the United States also implement controls to prevent the spread of COVID-19 in the workplace. Reassigning the employee to a vacant position or department that does not require flu vaccination.Temporarily assigning job duties that do not require flu vaccination (e.g., non-direct patient care duties).Allowing the use of other types of appropriate personal protective equipment (PPE), such as a face shield, hood, suit, gloves, etc.Allowing the use of an approved mask as an alternative to vaccination.Additional reasonable accommodations might be needed to enable an employee to continue performing their essential job duties when exempt from a vaccination requirement. An employer that grants an accommodation exempting a qualified employee from mandatory flu vaccination may impose additional infection control practices in order to protect the health and safety of the exempt individual and others. In the EEOC guidance on Pandemic Preparedness in the Workplace and the Americans with Disabilities Act the agency notes that it would be a reasonable accommodation to grant an exemption from a vaccination requirement to an employee who cannot be vaccinated due to an ADA disability, barring undue hardship to the employer. The determination of whether an individual meets the definition of disability for ADA purposes must be made on a case-by-case basis. Upon receiving a request from an employee to be exempt from a flu vaccination requirement based on a disability, an employer may seek documentation of the individual’s disability while engaging in the interactive process to determine if the ADA applies. An ADA covered employer should be prepared to engage in a good faith interactive process with an individual who requests exemption from a vaccination requirement as a reasonable accommodation based on a disability. For information regarding applicable Title VII requirements, contact the EEOC or see What You Should Know: Workplace Religious Accommodation. JAN does not provide technical assistance on Title VII but can address the issue from an ADA perspective. The EEOC makes clear that an employee may be entitled to an exemption from a mandatory vaccination requirement based on disability under the Americans with Disabilities (ADA) or a sincerely held religious belief under Title VII of the Civil Rights Act and other nondiscrimination laws. Employers that do implement mandatory immunization policies to meet health and safety standards must consider when exemptions may be required under federal law. See the EEOC Informal Discussion Letter dated March 5, 2012. The Equal Employment Opportunity Commission (EEOC) has taken the position that employers should encourage employees to be vaccinated for the flu rather than requiring vaccination. Some states have passed vaccination laws that impact workplace polices related to mandatory vaccination. The state in which a business operates might also be relevant in determining whether an employer can impose a mandatory vaccination requirement on its employees. In turn, some health care employers might be able to establish that such a requirement is job-related. As an example, some health care industry employers may be able to demonstrate that vaccination of health care personnel to protect against the spread of infectious diseases, like influenza, is necessary for patient and employee safety. The extent to which employers may require flu vaccination will depend on the work environment, job tasks, and relevant health and safety factors. Any employer would likely need to establish a job-related health and safety concern to require flu vaccination. This may include immunization requirements. ![]() ![]() Whether employers may require mandatory flu vaccination is a subject of debate that is not wholly settled but is a requirement that some businesses impose.Įmployers are not prohibited from establishing job-related qualification standards related to health and safety. This is the time of year when everyone is urged by public health authorities to get vaccinated for the flu or might even be asked to do so as a term of employment. From the desk of Tracie DeFreitas, M.S., Program Leader, Director of Training and Outreachįlu season in the United States generally occurs during the fall and winter months, usually beginning in October ( CDC).
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