HRMT413 Assignment 1_Crystal Herrera

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Jan 9, 2024

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1 COVID-19 and Vaccine Mandates Crystal Herrera American Military University HRMT 413: Employment and Labor Relations Dr. Alexandra McDermott Wilcox 22 October 2023

2 COVID-19 and Vaccine Mandates The global pandemic known as coronavirus disease 2019 (COVID-19) presented the world with many challenges. Due to its contagious nature, an emergency vaccination was authorized to slow or prevent the fast spread of the virus. There were many concerns with how quickly these vaccinations were developed and the short timeframe of the clinical trials. Despite this, the emergency vaccination was approved for distribution under the emergency use authorization by the U.S. Food and Drug Administration (FDA). Additionally, governments and organizations implemented vaccine mandates. In September 2021, the President required federal employees to be vaccinated to protect the well-being of essential personnel “serving the American people.” (The White House, 2023). The implementation of such mandates raises questions regarding the ADA, the need for reasonable accommodation, and the safeguarding of an individual’s medical information. Reasonable Accommodations As all employers were confronted with vaccine refusals, they looked to the Americans with Disabilities Act (ADA) and the U.S. Equal Employment Opportunity Commission (EEOC) for guidance. The ADA is a civil rights law from 1990 that prohibits discrimination against people with disabilities. The EEOC’s mission is to support the ADA and any other unlawful discrimination to allow equal employment opportunities. (US EEOC). A major question that was posed was whether an employer could mandate their employees to be vaccinated. The short answer is, yes. Federal courts confirmed that employees can be required to be vaccinated against COVID-19. (US EEOC). Similarly, the EEOC provided guidance that supports an employer’s requirement to be vaccinated against COVID-19 for any employee physically entering the workplace. Additionally, because the COVID-19 vaccination can be considered a business

3 necessity as a safety-related standard, even an individual with a disability and protected by the ADA can be required to be vaccinated to meet qualification standards being applied to all employees. (US EEOC). This kind of standard can be applied to both public and private businesses which allows the imposition of vaccination requirements. Employees can refuse the vaccine for a couple of reasons. One reason for refusing is that an employee protected by the ADA or pregnant believes that taking the vaccine may complicate or affect their health. Another reason for refusal may be due to the employee’s religious beliefs or practices. In these instances, the ADA and EEOC recommend employers provide reasonable accommodation. Reasonable accommodations, however, are not required if they pose an undue hardship. (US EEOC). Reasonable accommodation refers to altering an employee's work environment specific to their needs to give individuals equal opportunities. Employers must collaborate with their employees to determine if alternative accommodations can be made for those who cannot receive the vaccine. Other reasonable accommodations may require modifying work arrangements, such as remote work, masking, testing protocols, or reassignment to a different role that does not pose a risk to others. Violation of Rights? Contrary to popular belief, COVID-19 vaccine mandates do not violate the Health Insurance Portability and Accountability Act (HIPAA) regulations. HIPAA mostly applies to healthcare providers and those individuals handling protected health information (PHI). (Office, 2021). COVID-19 vaccine mandates are commonly imposed by employers, schools, and public places, which are not subject to HIPAA as covered entities. Therefore, vaccine mandates typically is not included in HIPAA regulations. (Office, 2021).

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4 As intended, vaccine mandates increase the number of people vaccinated which reduces the spread of the virus. Because of this, the vaccine mandate is an unreasonable imposition by employers. There is a balancing act when weighing public safety concerning COVID mandates and individual rights. While public health and safety are paramount, it is crucial to respect the rights of individuals and provide reasonable accommodation whenever possible. Therefore, when considering a reasonable accommodation request, all aspects must be evaluated such as the disability, potential risks, and available alternatives. Conclusion COVID-19 vaccine mandates have become a controversial issue. The sticking point against the vaccine mandate is usually in support of the freedom of choice and concern when imposed on those protected by the ADA. It is important though to balance public health and individual rights. That is why a thorough process of determining whether reasonable accommodations are a viable option is essential. This protects both the employee, employer, and public. By doing so, society can uphold the principles of inclusivity, equity, and public health in the face of pandemics.

5 References Allen Smith, J. D. (2022, February 3). Employers react to workers who refuse a COVID-19 vaccination . SHRM. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/if- workers-refuse-a-covid-19-vaccination.aspx Gentile, C. (2021, July 26). Shifting landscape of workplace covid-19 vaccine mandates . Edge. https://apuedge.com/shifting-landscape-of-workplace-covid-19-vaccine-mandates/ Lisa Nagele-Piazza, J. D. (2022, November 23). What do the Supreme Court rulings on vaccine directives mean for employers? . SHRM. https://www.shrm.org/resourcesandtools/legal- and-compliance/employment-law/pages/supreme-court-vaccine-or-testing-rule.aspx Office, O. P. (2021, October 1). HIPAA, covid-19 vaccination, and the workplace . HHS.gov. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/hipaa-covid-19- vaccination-workplace/index.html OSHA. (n.d.). Workers’ rights under the COVID-19 vaccination and testing ETS. https://www.osha.gov/sites/default/files/publications/OSHA4159.pdf US EEOC. (n.d.). What you should know about covid-19 and the Ada, the Rehabilitation Act, and other EEO laws . https://www.eeoc.gov/wysk/what-you-should-know-about-covid- 19-and-ada-rehabilitation-act-and-other-eeo-laws The White House. (2023, May 9). Executive order on moving beyond covid-19 vaccination requirements for federal workers . https://www.whitehouse.gov/briefing-room/presidential-actions/2023/05/09/executive- order-on-moving-beyond-covid-19-vaccination-requirements-for-federal-workers/

6 #:~:text=In%202021%2C%20based%20on%20the,disease%202019%20(COVID %2D19)

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