Blog

Joyce M. Rosenberg
| AP Business Writer

New York – As more coronavirus vaccine doses become available in the coming weeks and months, many business owners face a tough decision: whether or not employees need to be vaccinated.

And if they choose “yes,” they must be ready for the possibility that some employees will refuse.

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Dentist Andrew Geller was initially uncomfortable asking his staff to take the pictures as there were many unknowns about the vaccine. However, he did extensive research and concluded that the 23 employees at Geller Family Dental should be vaccinated. It turned out that most of them were grateful that health workers could get the vaccine when it first arrived.

However, Geller had more difficult conversations with a handful of employees who found it uncomfortable to get the right recordings.

“I’ve done my best to make sure this ensures the health and safety of their families. It took some of them a little longer to schedule an appointment, but luckily they did, ”says Geller, whose practice is in Bronxville, New York.

The state governments determine who can be vaccinated and when. In most states, priority is given to health workers, first responders, and the elderly, but some company employees – such as restaurant workers in New York – are eligible. The general population is not expected to be vaccinated until spring at the earliest, so most business owners have yet to decide what their vaccination policy will be.

It is unknown how many employers require employees to receive the vaccine – and many companies likely haven’t made a decision. According to a poll released Wednesday by the Associated Press-NORC Center for Public Affairs, about two-thirds of Americans are planning or have already gotten vaccinated. The poll also found that 15% of Americans say they definitely won’t get the vaccine, and another 17% say they probably won’t.

Employers can request that many employees be vaccinated according to guidelines from the Equal Employment Opportunity Commission. You cannot request vaccinations for employees with medical conditions protected by American with Disabilities Act or for employees who oppose vaccination for religious reasons. The ADA covers employers with 15 or more employees, and some state and local laws apply to smaller businesses. Owners must make reasonable provision to allow these employees to continue working. An example during the pandemic would be a job that could be carried out in a room a safe distance from employees or customers.

Employers have contacted lawyers and recruitment consultants and asked what we should do.

“We have some very honest and real conversations with clients to make sure it’s the right decision for them,” says Fernanda Anzek, consultant at the recruiting agency Insperity.

A frequently asked question is whether an employer can fire an employee who refuses to be vaccinated and who is not legally protected. The short answer is yes.

“Employers have the leeway under the EEOC to keep their jobs safe,” said Jerry Maatman, employment law attorney at Seyfarth Shaw in Chicago. Maatman warns, however, that while the EEOC has published guidelines on the vaccine, issues with employers’ right to fire laid-off workers are likely to land in court.

“These decisions will take place in the second and third quarters,” he says.

Maatman and Anzek advise companies to seek legal or personal advice before disciplining or dismissing employees for vaccinations, regardless of whether the employees are in a so-called protected class or not.

Legal and HR experts also recommend employers to establish company-wide vaccination guidelines, provide a copy to each employee, and explain to everyone why the vaccinations are needed. And owners should keep in mind that this is a subject that requires sensitivity and understanding – an arrogant approach can be a moral buster.

“The best plan is education and guidelines, and letting staff know that everything is consistent and that you are not picking anyone up,” said Andrew Zelmanowitz, employment lawyer at Berger Singerman in Fort Launderdale, Florida.

The owners may be a little concerned before addressing the issue. Joann Butler decided to ask her 10 employees how they felt about a vaccination and “luckily everyone agreed that we have to do this.”

“It’s always a slippery slope when you dictate something like this – not everyone is crazy about religious and health problems,” says Butler, owner of Consultancy Media, a broadcast and production studio in New York.

The circumstances of a particular job can facilitate the discussions. When Denise Buzy-Pucheu spoke to the three employees at her bridal shop in Newtown, Connecticut, “They were very aboard – they want to stay safe,” she said. While the sales staff in many shops can keep a safe distance from the buyers or have plastic barriers at the checkout, the staff at The Persnickety Bride have to help customers take their clothes on and off. There is no way you can do this without being right next to a bride.

“You understand the severity of this,” says Buzy-Pucheu of her staff. “We are in physical contact with people.”

Some employers have chosen to let employees make their own decisions. Finally, the Restaurant Group, which operates 15 restaurants in four western states and Louisiana, provides information about the vaccines and free time so staff can get it, but does not require photographs.

“We let them know what options they have and they can make their own decisions,” said Ashley O’Bryan, director of human resources for the Bozeman, Montana-based company.

At Knead Hospitality & Design, a Washington, DC restaurant group, hourly workers are offered hourly wages, and those on a salary are given a day of paid time off when they are vaccinated.

While co-founders Jason Berry and Michael Reginbogin want their employees to be vaccinated and incentivized to get the shots, they no longer need vaccinations.

“There are many people out there who hesitate for religious and ethical reasons. I don’t think it’s our job to tell people how to live their lives, ”says Berry.

Restaurant staff come into close contact with guests, but “we hope there’s enough peer pressure or excitement to get people on board at their own request,” says Berry.