Most Oregon residents are still not eligible to receive the COVID-19 vaccination and thousands who continue to struggle with the state’s overburdened registration system.
As the vaccine’s launch increases this spring, however, Oregon workers may wonder if their bosses could demand that they get vaccinated.
In most cases, the answer is yes. But there are exceptions and very few employers require vaccines now or are likely to do so in the future.
“I think that, ultimately, most employers would be able to demand that,” said Henry Drummonds, a professor at Lewis & Clark Law School, specializing in labor and labor law. “But I think that most employers probably wouldn’t want to demand that. I think employers can first encourage and educate employees about the safety of the vaccine and the convenience of it in terms of protecting you and your co-workers. “
Drummonds said that employment standards at will allow private companies to dictate and change terms of employment at any time and fire employees for any reason, as long as they don’t discriminate based on race, sex, age or any other protected category.
In practice, this means that employers are likely to require employees to receive the vaccine in order to remain employed or return to the office. Both the U.S. Equal Employment Opportunity Commission and the Oregon Bureau of Labor & Industries have issued guidelines stating that employers may require employees to be vaccinated.
There are, of course, exceptions.
Workers can apply for exemption for religious reasons or if a disability prevents them from receiving the vaccine. Employers must make reasonable accommodations for these employees, if this does not cause unnecessary difficulties.
That could mean allowing an employee to work from home or requiring an unvaccinated employee to wear a mask in the workplace, Drummonds said, after vaccinated colleagues could leave without a mask.
It is also possible for union contracts to prevent an employer from requiring vaccines.
Dan Clay, president of United Food and Commercial Workers, Local 555, which represents employees of Safeway, Albertsons and Fred Meyer, said the union is still determining whether language in its collective bargaining agreements can limit the capacity of supermarket chains to require vaccines, although he said that vaccination requirements were not explicitly discussed in the agreements.
Fred Meyer, Albertsons and Safeway are encouraging their employees to receive the vaccine, offering a $ 100 incentive for those who are fully vaccinated. Grocery stores will offer the same incentive to those who choose not to receive the vaccine for medical or religious reasons, but complete an educational security course – a measure that ensures that supermarket chains do not conflict with equal pay laws. offer the incentives.
However, supermarket chains do not require employees to receive the vaccine. Although the union criticized the state for not allowing grocery workers to receive vaccines early, Clay said the union would also be concerned if employers demanded vaccination.
“We strongly believe that all essential employees should receive the vaccine,” said Clay. However, he added, “workers should not have to sacrifice their bodily autonomy to their employer”.
There is a final group of workers in Oregon who may not be required by their employers to receive the vaccine – and this may come as a surprise.
Healthcare professionals, among those most at risk of exposure to COVID-19, cannot be required by employers to receive vaccines under an Oregon law of 1989. The law broadly defines healthcare workers, including providers health workers and those working in health facilities, in addition to firefighters and police.
According to the law, health professionals can only be required to receive the vaccine if it is mandatory by state or federal law. There is no such law, nor does it seem likely.
Providence Health & Services and Oregon Health & Science University, two of the largest employers in the Portland area, are encouraging, but do not require that healthcare professionals be vaccinated. Those who are vaccinated must still wear masks and take other protective measures.
Voluntary adherence has been high. Erik Robinson, a spokesman for OHSU, said that about 80% of its workforce has been vaccinated so far and that the research university is helping to schedule staff for vaccinations and providing consultations to those identified as at risk for allergic reactions.
Few employers have announced plans to require vaccines, even though they are legally allowed to do so.
Only 6.5% of human resources, legal employers and executives across the country plan to require all their workers to be vaccinated, according to a February survey by Littler, a specialist in labor law. Of the 1,800 survey respondents, another 43% said they are still determining their policies.
A separate survey of small business owners conducted by the US Census Bureau last month found that only 2% currently require employees to present proof of vaccination before coming to work.
“In my experience, employers don’t want to get involved in their employees’ medical history, they don’t want to ask people about their religious deficiencies or exemptions,” said Elizabeth Tippett, a law professor at the University of Oregon who specializes in practical jobs. “So I think employers will try less punitive ways to encourage people to get vaccinated before they resort to a complete requirement, although it can vary by industry.”
On Monday, the Centers for Disease Control and Prevention released encouraging guidelines for those who were fully vaccinated, announcing that vaccinated individuals could meet in small groups with unvaccinated people without having to wear masks or keep physical distance. The guidance also states that vaccinees will not need quarantine if they are exposed to the virus, as long as they do not develop symptoms.
The new guidance highlights the effectiveness of the COVID-19 vaccines. If fully vaccinated workers are unlikely to contract the virus, regardless of whether their colleagues are vaccinated, this may reduce the incentive for employers to require vaccinations for everyone.
Intel, Oregon’s largest corporate employer, strongly recommends, but does not require, workers to receive vaccines when they become eligible, according to a company spokesman. Intel is offering employees four hours of paid time off for vaccination appointments.
Amazon will pay employees $ 80 – $ 40 per dose of vaccine – if they have to go off-site to get vaccinated, according to a company spokesman. Vaccines will not be needed, but Amazon says it hopes to set up vaccination clinics in its warehouses to make it easier for workers who want the vaccines.
While laws generally allow employers to require vaccines, federal authorization for emergency use for COVID-19 vaccines creates some legal uncertainty in this case. People who receive vaccines approved in this way should be informed that they can refuse the injection.
Legal experts say it is not entirely clear whether this would prevent an employer from requiring employees to receive the vaccine.
“It is theoretical at this point,” said Tippett.
– Jamie Goldberg | [email protected] | @jamiebgoldberg