In certain instances, you can require employees to get shots for COVID-19

Q         Our client is mandating subcontractors coming on-site must be vaccinated for COVID-19. What should we do if our employees don’t want to or cannot get the vaccine? Can we fire an employee if we can’t find any other work for her?

A   Vaccinations have become a sensitive issue, and your employees may have strong feelings about them. Nevertheless, you’ll obviously need to comply with your client’s directive for subcontractors coming on-site. So, the question is really whether you have the right to require your employees to get vaccinated for COVID-19.

In short, the answer is “it depends.” In most instances, you can fire an employee if you can’t find any other work. In guidance on May 28, 2021, the Equal Employment Opportunity Commission (EEOC) confirmed mandatory workplace vaccination rules or policies are generally allowable as long as the employer makes certain legally required accommodations or exceptions.

To expound on the short answer, the Americans with Disabilities Act (ADA) prohibits an employer from making disability-related inquiries and requiring medical exams (including to ensure immunity to diseases) except in limited circumstances, such as when the employee poses a direct threat to coworkers or customers (i.e., “a significant risk of substantial harm to the health or safety of the individual or others that cannot be reduced or eliminated by reasonable accommodation”).