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From The
Asian Reporter, V31, #6 (June 7, 2021), page 10.
Can employers make COVID-19 vaccination
mandatory?
By Mae Anderson
The Associated Press
Can employers make COVID-19 vaccination mandatory?
Yes, with some exceptions.
Experts say U.S. employers can require employees to take
safety measures, including vaccination. That doesn’t necessarily
mean you would get fired if you refuse, but you might need to
sign a waiver or agree to work under specific conditions to
limit any risk you might pose to yourself or others.
"Employers generally have wide scope" to make rules for the
workplace, said Dorit Reiss, a law professor who specializes in
vaccine policies at the University of California Hastings
College of the Law. "It’s their business."
Rules will vary by country. But the U.S. Equal Employment
Opportunity Commission has allowed companies to mandate the flu
and other vaccines, and has indicated they can require COVID-19
vaccines.
There are exceptions. For example, people can request
exemptions for medical or religious reasons. Some states have
proposed laws that restrict mandating the vaccines because of
their "emergency use" status, but that may become less of an
issue since Pfizer has applied for full approval and others are
likely to follow.
How employers approach the issue will vary. Many might not
want to require vaccination because of the administrative burden
of tracking compliance and managing exemption requests, noted
Michelle S. Strowhiro, an employment adviser and lawyer at
McDermott Will & Emery. Legal claims could also arise.
As a result, many employers will likely strongly encourage
vaccination without making it mandatory, Strowhiro said.
Walmart, for example, is offering a $75 bonus for employees
who provide proof they were vaccinated.
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