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:
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.'