Hoosier Banker < JOHN TANSELLE < DEBRA MASTRIAN < STEPHEN STITLE < MARTHA LEHMAN LARRY TOMLIN > MARK WENZEL > BRANDT HARDY > 201 North Illinois Street, Suite 1400 Capital Center, South Tower • Indianapolis, Indiana 46204-4212 T: 317.464.4100 • F: 317.464.4101 • salawus.com No challenge too great…we’ll get you there. CHRISTINE DUNCAN > < ANDREW PODGORNY < MADALYN KINSEY The information in this article is provided for general information purposes only and does not constitute legal advice or an opinion of any kind. You should consult with PIKEP GSYRWIP JSV EHZMGI SR ]SYV MRWXMXYXMSRŭW WTIGMƤG PIKEP issues. * Medical exams or medical related questions are typically prohibited before an offer of employment is made. The court concluded that the employee’s objection was more of a personal health reason (anti-vaccination stance) rather than a religious reason. The court stated that antivaccination beliefs could be protected if they are related to religious adherence. For example, in Chenzira v. Cincinnati Children’s Hospital, an employee refused to get a flu vaccine because it violated veganism and her vegan practice of refraining from all animal products and byproducts. The employee recited religious passages in her request for an accommodation. The court refused to dismiss her claim, finding it plausible that the objection was based on her religious belief. With the surge of COVID-19 cases, and considering that the virus can cause life-threatening illness and may be spread by asymptomatic persons (persons who are infected and contagious, but show no symptoms), the EEOC might allow mandatory vaccines. Indeed, the EEOC has permitted employers to screen employees for COVID-19, a practice that is ordinarily not permitted. But even if employers are permitted to require employees to get the vaccine, the question remains whether employers should impose a mandate. This is a business decision that will require employers to consider, among other factors, the effect on employee morale and whether the employer is prepared to enforce the mandate consistently (e.g., terminate employees who do not have legitimate reason and refuse to comply). Recent polls indicate that many Americans are skeptical of the vaccine and would be reluctant to get it. If an employer decides to implement a mandatory vaccination policy, as noted above, exceptions must be made for employees who are pregnant, have a disability or a religious reason for not getting the vaccination. Employers certainly may encourage employees to get a vaccine, similar to what some employers do with respect to flu shots. Employers can incentivize employees by, for example, subsidizing all or part of the cost of the vaccine, allowing paid time off to get the vaccine, or offering administration of the vaccine at the workplace (if an option). Employers should continue to monitor guidance from the Centers for Disease Control and Prevention, the EEOC, OSHA and other governmental agencies for further developments and discuss with experienced legal counsel before implementing a mandatory COVID-19 vaccine policy. HB
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