Morgan Stanley is one of the first major businesses in American to require employees and visitors to be vaccinated against Covid-19 before entering their New York offices after July 12. Staff members who aren’t vaccinated will be required to work remotely. The new policy is intended to reassure workers that returning to the office will be safe. Other big banks like Bank of America and Chase Bank are still encouraging workers to disclose vaccination status voluntarily.
Morgan Stanley will use an “honor system” rather than require proof of vaccination, but the investment bank will lift other pandemic protocols such as face coverings and physical distancing once the new vaccination system goes into effect.
Employers throughout the country have struggled with whether to ask employers their vaccination status. Although the EEOC has approved vaccination questions, states like Florida have forbidden private employers from making such inquiries. However, a hospital in Texas has already prevailed over an anti-vaccine lawsuit driven by certain employees. Still, with “mandatory” vaccinations moving into corporate America, the lawsuits will likely continue.
What Restrictions Can Employers Place On Employees Who Refuse to Be Vaccinated?
Forced Vaccination
Employers cannot literally force employees to get vaccinated. That is, employers cannot have nurses jab people with shots. Medical procedures must be consensual otherwise the procedure would be considered medical battery. At most, an employer can offer a “choice” to compel vaccination rather than outright jab an employee with a vaccine.
Termination
The EEOC has determined that employers can legally require employees be vaccinated or face termination. Neither the EEOC nor the CDC requires employers obtain proof of vaccination. However, employers that do request proof of vaccination must keep such information confidential.
Mandatory Work from Home
The law recognizes that not everyone can take the vaccine. People with certain disabilities or religious beliefs may choose to opt out of taking the vaccine and employers must reasonably accommodate those employees. As such, most employers that require vaccinations must also offer employees the option to work from home if that employee has a sincere religious belief or a doctor’s note confirming a disability that prevents them from taking the vaccine.
Do I Need an Employment Lawyer?
If you believe that your employer has violated your rights as a worker, you should hire a local employment lawyer for further assistance. A skilled employment law attorney can protect your interests and defend your rights under the law. Your attorney can also assist you in filing a lawsuit against an employer and recover damages for any losses that you suffered.