By Weisberg Cummings, P.C. on September 20th, 2021
Now that COVID-19 vaccines are widely available in the United States, some Pennsylvania workers are wondering if refusing vaccinations could lead to termination. In short, yes, your employer can dismiss you for refusing the vaccination if they mandate it. However, you may have some protection under the Americans with Disabilities Act, Title VII of the Civil Rights Act and the PA Human Relations Act.
There is not a general law prohibiting employers from requiring employees to get COVID-19 vaccines or from firing employees who refuse. However, if firing you would violate your rights under Equal Employment Opportunity laws or other state and federal laws, you may have a case for wrongful termination.
Does the Law Require Vaccines?
Though federal law does not require vaccines., Equal Employment Opportunity laws also do not prevent employers from requiring every employee to get the COVID-19 vaccine. Some employers have gone so far as to terminate employees who refuse to get the vaccine. However, some other laws may apply and prevent forced inoculation for workers.
Protections Under the Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission enforces anti-discrimination laws in the workplace. These laws include the Rehabilitation Act and the Americans with Disabilities Act, which prohibit discrimination based on disability and require employers to provide reasonable accommodations for employees with disabilities.
Throughout the COVID-19 pandemic, the EEO laws apply. However, these laws do not prevent employers from adhering to the guidelines made by state and local public health authorities and the CDC. Since public health guidance has changed as the pandemic has evolved, employers should continue following the current information for maintaining safety in the workplace.
Employers Encouraging Vaccinations
Even if an employer encourages or even requires COVID-19 vaccinations, their policies must comply with the ADA, Title VII of the Civil Rights Act and other workplace laws. They should create a written policy if they will require employees to get a vaccine, and if you refuse to comply, your employer will need to know why.
Along with legally protected reasons, a worker may have objections to receiving a COVID-19 vaccine that will not require an employer to provide reasonable accommodations. Every employer contemplating a vaccine mandate for employees should carefully consider this issue, as it could put their company in a tricky position if a large percentage of its workforce will not adhere to the rule.
If this happens, the employer will need to terminate all the employees who refuse to comply, drop the mandate or deviate from the vaccine requirement only for some employees, which could increase the employer’s risk for employment discrimination claims. Because of these possible hazards, many employers are choosing to encourage vaccinations rather than mandate them. Rather than requiring you to get vaccinated, your employer may push you to take the shot through some of the following methods:
- Offering you financial incentives to get vaccinated.
- Increasing your accessibility to the vaccine.
- Providing you with extra information through education campaigns.
- Providing you with paid time off for getting vaccinated and recovering from potential side effects.
Can an Employer Fire You because of a Disability?
No, your employer cannot fire you because you have a disability; however, you must still be able to perform the essential functions of your job with a reasonable accommodation. If you have an objection to the vaccine based on your religion or an existing disability, you may not have to get the COVID-19 vaccine, even if your employer mandates it.
Disability Accommodation
The ADA permits employers to implement a workplace policy requiring employees not to pose a direct threat to others’ health and safety in the workplace. However, a disability may inhibit your ability to get vaccinated. If so, you may request reasonable accommodations instead.
To legally fire you, your employer would need to prove that you pose a significant risk to other workers’ safety and health, and that reasonable accommodations cannot reduce or eliminate this risk. For instance, if an employee works exclusively from home, the employee may be unlikely to pose a threat to customer or co-workers, but it may be impractical for an employer to accommodate an employee who has to work in close contact with customers or co-workers.
Religious Accommodation
Under Title VII, employers must accommodate workers’ sincerely held religious beliefs. The only exception is if these accommodations would present more than a minimal burden to the company. If your workplace can reasonably meet your needs without a vaccine, the employer may have to allow for these compromises. Unlike accommodations for disabilities, employers need not make accommodations the require more than a minimal burden on the employer, so these types of accommodations are less likely to be required. Employees should also be prepared to establish that their refusal to get vaccinated is based upon a sincere religious belief, recognizing that very few religions have specifically directed their followers to refuse to get vaccinated.
If no reasonable accommodation is possible, your employer may exclude you from physically entering your workplace or may be able to legally terminate your employment.
Terminations
Currently, unless you have a disability or a sincere religious belief that would prohibit you from getting the vaccine and can be reasonably accommodated, no protection under the law prevents your employer from firing you. Supervisors have terminated workers for refusing to get vaccinated, including a server at a New York restaurant and three people who worked at CNN.
Nurses who refuse to administer the vaccine due to their religious beliefs may lose their jobs if providing accommodations would lead to undue hardship, though the employers need to first try to provide the nurse with reasonable accommodations. Some employers are even requiring vaccinations at the application stage and mandating the vaccine as a condition of hiring.
The Right to Refuse Act
Since no current law stops an employer from firing you for refusing to get vaccinated, Pennsylvania legislators have proposed the Right to Refuse Act. This bill could protect workers’ rights to be in control over what they introduce into their bodies. Under this act, it would be illegal for an employer to fire, threaten, discriminate or retaliate against any employee for choosing not to get a COVID-19 vaccine.
While this bill could protect employees who do not want to get vaccinated, it could also lead to repercussions from vaccinated employees who worry about working with unvaccinated colleagues.
Get a Free Consultation
Our employment attorneys at Weisberg Cummings, P.C., are the professionals you can rely on when you have a case related to an employment law matter. With more than four decades of combined experience, our lawyers will fight for your employment and vaccination rights. We are experienced in handling a wide array of employment law matters, such as ADA violations, contract disputes and class-action lawsuits.
We strive to provide responsive and personalized legal service, and you will have the opportunity to take an active role in developing our legal strategy for your case. For a free consultation with an employment lawyer, contact us at Weisberg Cummings, P.C., today.