On Jan. 10, President Biden will begin his vaccine mandate. Companies with 100 employees or more will be required to either get fully vaccinated or provide negative COVID-19 test results each week, although a grace period will allow for compliance.
CNET reports that about 84 million workers will be covered by the regulations. Despite that, the vaccine requirement may be blocked again pending Friday’s Supreme Court decision.
Earlier in November, the Fifth Circuit court in the US had granted a temporary stay against the rule; however, in a statement issued by the Sixth Circuit on Dec. 17, three judges said the Occupational Safety and Health Administration (OSHA) “has demonstrated the pervasive danger that COVID-19 poses to workers — unvaccinated workers in particular — in their workplaces.”
“These rules will help keep workers safe and keep businesses open,” Biden started earlier.
“If people are vaccinated or tested they’re much less likely to get sick and spread it to others. Customers are much more likely to come in and shop because they know it’s a safer environment.”
As a result of the federal requirement, the coronavirus outbreak, hospitalizations, and deaths seen in recent months have been curtailed, including those caused by the delta variant and the omicron variant spreading across the country.
Read More: According To New Study, US Vaccine Numbers May Be Overrated
CDC reports that people who are not vaccinated have a 10 times greater risk of hospitalization and 11 times greater risk of dying from Coronavirus. Vaccinated people who contract COVID-19 are far less likely to die, but they can still suffer long-term effects, such as “long COVID.”
What will be the effective date of the vaccine mandate?
It is scheduled to begin on Jan. 10 unless the Supreme Court blocks it. In a statement, the Labor Department said OSHA would not issue citations if an employer does not comply with vaccine or testing requirements before the deadline of Feb 9, “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”
Federal law already allows private companies to require vaccinations
In the past, US employers were allowed to require employees to get vaccinated against pandemics, regardless of whether Biden enacted a COVID-19 mandate
Bloomberg Law reports that employers may be required to pay for weekly screenings if they do not vaccinate their workers. In spite of federal mandates, the Department of Labor has the authority to require employers to provide employees with paid time off for vaccinations, as well as paid sick leave when they suffer side effects.
“We’re going to protect vaccinated workers from unvaccinated co-workers,” Biden asserted following the mandate’s announcement.
People with disabilities are exempt from mandatory vaccination under the Americans with Disabilities Act.
According to the Americans with Disabilities Act, employers must make “reasonable accommodations” for employees who have medical conditions that prevent them from receiving vaccinations.
Few people are allowed to waive vaccination requirements under the Americans with Disabilities Act.
During an emergency situation, these civil rights protections cannot be waived, according to the US Department of Health and Human Services.
Are people who oppose vaccines based on religious beliefs covered by the Civil Rights Act?
Currently, the decision to block vaccine mandates for employees based on their religious beliefs is a case-by-case process. For example, an appeals court decision on Jan. 3 blocked the Navy vaccination mandate for religious exemptions.
There are also conflicting messages within religion. Pope Francis has encouraged Catholics to get vaccinated, while US Army Archbishop Timothy Broglio has stated that Catholic troops can refuse the COVID-19 vaccine if it violates their consciences.
A Maine vaccine mandate that doesn’t allow religious exemptions was not ‘ruled’ as blocked by the Supreme Court in October.
New York State’s vaccine requirement, which does not permit religious exemptions, was affirmed by the Second Circuit U.S. Court of Appeals the following month. Health care workers had sued the state for alleged First Amendment rights and Civil Rights Act violations.
Are there any opponents of vaccine mandates?
Sen. Roger Marshall of Kansas, the chairman of the Senate Republican Conference, wrote to Majority Leader Chuck Schumer, a Democrat, in November, to express their opposition to any COVID-19 vaccination mandate.
“We agree that countless Americans have benefitted from the protection offered by the COVID-19 vaccines,” read part of the letter.
“Nevertheless, the decision whether to be vaccinated against COVID-19 is a highly personal one that should never be forced upon individuals by the federal government.”
Read More: Fully Vaccinated Americans Are Getting Omicron in the US. Here’s Why?
Police officers, firefighters, and emergency workers are some of the unions that have opposed vaccinating their members.
A manifesto signed by more than 600 Google employees viewed by CNBC informed the company on their choice to oppose vaccine mandates as a matter of principle.
Vaccinations, though, are generally opposed by a little number of mainstream American religions. Among them are the Church of Christ, Scientist, and the Dutch Reformed Church.
What if you object to the vaccination that your employer requires?
Your employer doesn’t have to let you continue working under the same conditions you’ve been used to just because you have a valid medical disability or theological objection to receiving a Coronavirus vaccine. It is the employer’s responsibility to provide “reasonable accommodations,” which could include allowing the employee to work remotely or take time off.
According to President Biden’s mandate, workers can present a negative COVID-19 test once every week to continue working, but they may be required to pay for the tests.
Your employer may fire you if you do not have a medical condition recognized under the Americans with Disabilities Act and cannot convince authorities of valid religious grounds for refusing the COVID-19 vaccine. Because you were fired “for cause,” it’s unlikely that you could claim unemployment benefits.
Unvaccinated workers who refuse to get the vaccine may also face fines. For example, health care costs could be increased, raises resisted, and access to work amenities restricted. According to reports, NBA players who are unvaccinated will not be paid a dime if they miss games.
Employers may require vaccinations under a 1905 Supreme Court decision.
US law has precedents for vaccination requirements on a large scale. New England experienced a Many objected to the plan, however, and an individual went all the way to the Supreme Court.
According to the high court in Jacobson v. Massachusetts, the government can impose “reasonable regulations” to protect the general public, such as vaccine requirements during a pandemic.
It is this case that formed the basis for EEOC guidance clarifying that employers may make similar demands of their employees.
What is your employer’s likelihood of requiring a COVID-19 vaccine?
If the OSHA guidelines are not challenged again, your company will be legally obligated to mandate the COVID-19 vaccine or to conduct regular testing if it has 100 or more workers. Companies with fewer e.g. 50 employees, can also require vaccinations, although it’s not considered a federal requirement.
