As an employer you have the right to fire an employee who refuses to be vaccinated. You can require vaccination. A less drastic approach is to require unvaccinated employees to undergo testing for COVID weekly. You must adhere to ADA TitleVII, and the Civil Rights Act of 1964. If your employee is refusing to be vaccinated on the basis of a religious objection or a disability then you may not require their vaccination. Evaluate the risk. The vaccine mandate has to be
job-related and necessary to business function. According to the EEOC a direct threat is a “significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation.” Consider allowing the employee to work remotely or take a leave of absence. Join with your employee to find a solution. If a disability or religious belief prevents an employee from vaccination, an employer can prevent the employee from entering the workplace. This action does not equate with termination. If you plan to require vaccinations, develop a written policy. Rather than approaching this challenge combatively, create a plan of encouragement and incentives. Sometimes the most reasonable approach involves sharing a data supported explanation. Remain respectful.
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