ATLANTA — The Delta variant is causing companies to reconsider mandating some or all employees get vaccinated or provide proof of vaccination.
So, we wanted to VERIFY seven commonly asked questions.
SOURCE:
Krevolin & Horst Attorney Jess Cino has 17 years experience. Cino specializes in complex litigation and crisis management. She's also a former law professor at Georgia State University.
QUESTION:
Is it legal for an employer to mandate a vaccine?
ANSWER:
Yes
Cino said, "Private companies are well within their right to mandate vaccines in the workplace."
QUESTION:
Are there exceptions to a vaccine mandate at work?
ANSWER:
Yes
Cino explained, “There are two critical exceptions to that one being for religious reasons and that's protected by federal law. And then the other one being for medical purposes, which is also protected by federal law.”
QUESTION:
Can an employee be fired for refusing a vaccine?
ANSWER:
Yes
“Most employees are at will employees. If the mandate is to get a vaccine, and you don't meet the two categories of either medical reasons or religious reasons, then they can terminate your employment.”
QUESTION:
Can an employee sue after being fired for refusing a vaccine?
ANSWER:
Yes...but
“You can. There's there's nothing that says you cannot bring that lawsuit. The likely outcome of that would be that a judge would ultimately dismiss that lawsuit in court," Cino said. "Could you get that case all the way up to the Supreme Court? The COVID vaccine itself has a lot of political charge underneath it, but as the law stands right now, if you are terminated because you refuse to get the COVID vaccine, and you don't meet one of the two exceptions to that, there should be no lawsuit that would make its way all the way up to the Supreme Court."
QUESTION:
Can you refuse to work with a co-worker who you know is unvaccinated?
ANSWER:
Questionable
Cino explained, “That’s the gray area. A large part of it depends on the company's policy. If the company is not requiring the vaccine, and employees are essentially uncomfortable around each other, you could end up creating a toxic work environment. You could mandate face masks for everybody, you could do work from home accommodations. The thorny part is if you require only non-vaccinated individuals to wear makes, because you could effectively out them to their co-workers."
QUESTION:
Can a vaccinated person be terminated for refusing to go back to work at a place where vaccines are not required?
ANSWER:
Yes
Cino said, "They're in the same boat as an unvaccinated person who works for a place that requires a vaccine. They'd (vaccinated employee) have to choose, you know, either finding different employment or going back to work.”
QUESTION:
Can an employer change their mind about mandating vaccines at any moment, even if they previously said they wouldn’t mandate the shots?
ANSWER:
Yes
"Lots of businesses were reopening a month or so ago, and it's thrown a wrench in the gears. Previously, companies said the vaccine was strongly encouraged. But the Delta variant has sort of smoothed it in a different direction for making it mandatory and more companies in the last couple of weeks seem to be signing on for that at some point."