Employers who want to require mandatory COVID-19 vaccination policies can only do so if they provide exemptions or accommodations to employees with religious objections to vaccines, pregnant employees and workers with disabilities that prevent them from receiving the vaccine. Employers are required to accommodate employees who have a sincere religious belief that prevents them from being vaccinated. Similarly, employers are required to accommodate disabled employees and pregnant employees who cannot safely receive the vaccine.
What if the employer in good faith determines that allowing the employee to continue to work in the workplace without the benefit of the vaccine poses a direct threat to the safety of other employees, customers or clients? Can the employer then automatically terminate? - No. The employer is legally obligated to assess what reasonable accommodations can be made to allow the employee to continue to work and then offer the reasonable accommodation. Reasonable accommodations can include working under current COVID protocols such as mask wearing and social distancing, working remotely or taking a leave of absence. An employee that finds herself in a situation of needing to object to her employer's directive to get vaccinated on the basis of pregnancy, disability or religious grounds should consult with a lawyer.