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Operations

VacciNation: How US Employers Are Responding to Vaccination

Martin Burns

August 6, 2021

Operations

VacciNation: How US Employers Are Responding to Vaccination

Martin Burns

August 6, 2021

As governments across the globe struggle with how to address vaccination mandates for their citizens, businesses both large and small have begun to move forward with their own requirements. Not of them are consistent, but increasingly they are lining up.

Consider:

  • Delta Airlines: Requiring all new U.S. hires to be vaccinated.. “This is an important move to protect Delta’s people and customers, ensuring the airline can safely operate as demand returns and as it accelerates through recovery and into the future,” the company wrote, adding that it would not be “putting in place a company-wide mandate to require current employees to be vaccinated.”
  • Tyson Foods: Requiring its team members at U.S. office locations to be fully vaccinated by October 1, 2021. All other team members are required to be fully vaccinated by November 1, 2021, subject to ongoing discussions with locations represented by unions.
  • Facebook: “As our offices reopen, we will be requiring anyone coming to work at any of our U.S. campuses to be vaccinated,” said Lori Goler, vice president, people, in an emailed statement to NBC News.
  • Google: Announced a vaccine mandate for its employees looking to return to the office later this fall.
  • Jefferies: Will only allow vaccinated individuals into its offices and to outside company events.
  • Equinox: Will begin requiring members, riders and employees to provide a one-time proof of vaccination to enter its facilities and offices starting in New York City in September.
  • Uber: This week announced delayed their plans to bring workers back into offices.
  • Disney: Last Friday, sent a message to employees who are non-union based in the United States that they must soon be fully vaccinated to come into the workplace. Both vaccinated and unvaccinated workers who are on-site have 60 days to provide verification of vaccination.

Reached for comment by RNN, a VP of TA at a Fortune tech 50 employer (who requested to remain anonymous) talked about the challenges: "We fully support the decision, but it is making an already challenge recruitment environment that much more complex. On the one hand, we have applicants who we can't hire due to their vaccination status. On the other, we have employees who do not want us to hire anyone who isn't vaccinated. It's a case of damned if we do/ damned if we don't."

In May, a group of nurses at Houston Methodist Hospital sued the hospital system for requiring the vaccine as a condition of employment. A federal judge dismissed that lawsuit, calling it "frivolous." More than 150 employees there were ultimately fired or resigned their positions.

This week, a judge also ruled against a group of students at Indiana University who opposed the school's new vaccine mandate, finding that the university was acting reasonably in "pursuing public health and safety."

Employment attorney Andrew Smith at Nichols Kaster in Minneapolis expects there will be more challenges and questions in the months ahead. "The courts don't move as quickly as public opinion does and as people want, so it creates some uncertainty for everybody," Smith said.

Speaking to The Wall Street Journal, Francine Katsoudas, Cisco Systems Inc.’s head of human resources told the paper: “You just don’t feel like you can protect your employees to the extent that you want to, and it makes you then lean in a little bit to kind of raise the bar around your expectations... I think everyone was trying initially to just respect everyone’s perspective around what they want to do [on vaccines], but we know that if we do that, we could create a pretty serious situation.”

Cisco has required the limited number of employees working in its offices in July and August to be fully vaccinated, guidance it will likely extend into the fall as its offices reopen more broadly, Ms. Katsoudas said.

According to SHRM:

'The Americans with Disabilities Act (ADA) prohibits employers from asking applicants questions that are likely to reveal the existence of a disability before making a job offer. The Equal Employment Opportunity Commission (EEOC) has clarified that asking employees whether they have received the COVID-19 vaccine is not a disability-related inquiry under the ADA.

"It's critical, though, that employers and their hiring teams don't overstep," Carolyn Rashby, an attorney with Covington & Burling in San Francisco said. "While asking about the vaccination itself will usually be permissible, follow-up questions that may reveal a disability can be asked only if they are job-related and consistent with business necessity." Any follow-up questions, such as asking why an individual didn't receive a vaccination, should be reserved until after making a job offer, she said.'

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It's a fine line, but US-based employers can - and increasingly are - asking about vaccination status
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