As COVID vaccines roll out, some employers may start requiring them, creating an interesting tension in the law.

Occupational Health and Safety law requires employers to provide safe workplaces. Employers also risk lawsuits from customers they expose to COVID. On top of that, it’s now presumed that when an employee gets COVID within 14 days after a workday, the employee contracted it at the workplace. (See Senate Bill 1159 at https://leginfo.legislature.ca.gov/fa...)

Yet, some employees may refuse for legally-protected reasons (like religion or disability). In that case, employers and employees must weigh the hardship to the employer and the availability of accommodations to employees. Considerations include the risk of harm to employees and customers, the availability of reasonable measures to reduce those risks, and the employment setting. For example, there may be a greater risk of harm in a healthcare facility or a workplace where employees or customers are crowded together. For some businesses, reasonable alternatives to vaccination may include remote work, scheduling unvaccinated workers during any low-risk times, social-distancing or masking requirements.

For further information, see the Equal Employment Opportunity Commission’s recent guidance at https://www.eeoc.gov/wysk/what-you-sh....

Disclaimer: What would “lawyerly” videos be without a disclaimer? Law can be complex, and it changes. That’s why you shouldn’t make any decisions based on this video. Instead, you should speak with a lawyer familiar with the current law that could apply to your situation.