Employers must first seek housing for employees who refuse to be vaccinated for COVID-19 for disability or religious reasons before taking any action against them, the U.S. Gender Equality Commission said Wednesday in updated guidance.
Employers cannot automatically terminate workers who refuse the vaccine due to disability or religious beliefs until they first make an individual assessment that considers whether workers pose a direct threat, the agency said in its update of COVID-19-related guidance, which has expected by experts
When focusing on disability-related issues, the four factors to consider are whether there is a direct threat : the seriousness of the potential injury; the probability that the potential damage will occur; and the potential damage is near, the agency said.
Employers cannot exclude the employee from the workplace "unless there is a way to provide reasonable accommodation (absent undue difficulties) that would eliminate or reduce this risk, so the unvaccinated worker does not pose a direct threat", says the guide .
Before terminating an employee employers employers must also determine whether other rights apply under equal employment opportunities laws or other federal, state or local authorities, it states
Similarly, employers must provide reasonable housing if a worker refuses to be vaccinated because of "sincere" religious beliefs, unless it constitutes an unnecessary difficulty under Title VII of the Civil Rights Act of 1
The guidance also states that it is not considered a function-related examination to require an employee to show proof of receipt of a COVID-19 vaccination.
Genetic information The Non-Discrimination Act is not involved when a vaccine is administered to employees, or when proof is required that they have received a vaccine, it states.
The guidance does not address issues that include whether the employee's anxiety about getting vaccinated can be considered to determine if a reasonable accommodation should be considered. Catalog