ASSOCIATIONINSIGHT
Portable Sanitation Association International News
BIWEEKLY EDITION DECEMBER 23, 2020
Page 8
What Employers Need to Know about the COVID-19 Vaccine…continued from page 7
EEOC guidance says that you should generally give
employees the benefit of the doubt. This is because
the definition of religion is broad and protects beliefs,
practices, and observances with which the employer
may be unfamiliar. If an employer has an objective
basis for questioning either the religious nature or the
sincerity of a particular belief, practice, or observance,
the employer would be justified in requesting
additional supporting evidence.
What if the employee's belief is sincere—or if they have
a disability covered under the ADA that prevents them
from receiving the vaccine—but the employer cannot
exempt or provide a reasonable accommodation to
them due to the requirements of the job?
If an employee cannot get vaccinated for COVID-19 because of a disability or sincerely held religious belief,
practice, or observance, and there is no reasonable accommodation possible, then it would be lawful for the
employer to exclude the employee from the workplace.
This does not mean the employer may automatically terminate the worker. As an employer, you will need to
determine if any other rights apply under EEOC laws or other federal, state, and local authorities.
Conclusion
Information about the vaccine and its implications for both
employers and employees will be emerging in the days and
weeks ahead. Given the evolving nature of the situation,
employers in our industry should be aware of emerging laws
and rules such as those that are likely to come from OSHA
after the new US president takes office, as well as from state
and local authorities. This will make it easier to plan once the
COVID-19 vaccine becomes generally available in your area.
Once more information is available, portable sanitation
companies will want to evaluate the legal exposure and other
risks associated with any mandatory vaccination program.
They will want to determine how new OSHA guidance
applies to workers, and they should also assess whether the
alternative of voluntary vaccination may be a better option based on the nature and needs of their businesses.
The PSAI will continue to publish new information as we get it. Please let us know what questions and issues are
arising at your firm so we can be sure to cover the topics most important to you. v
