ALLENTOWN (TNS) — If you’re tired of being told what to do during the pandemic — wear a mask, stand back, stay home — you’re really going to hate what could be coming next.
As vaccines become easier to get, your boss could require you to get one if you want to keep your job.
You may think that violates your freedoms, but it’s legal, with some exceptions. And it could become the next big debate in the political drama that the COVID-19 pandemic unfortunately has become.
So far, few employers are taking that stand, either in Pennsylvania or nationally. But many still haven’t decided.
A survey published last week of about 1,800 corporate officers found that 43% had not written off the idea of mandating that their workforce be vaccinated. The nationwide survey was done by Littler Mendelson, an employment and labor law firm with an office in Philadelphia.
Fewer than 1% already had instituted a mandate and only 6% said they definitely planned to. The other 48% are not making shots mandatory.
Another poll of executives published last month found 51% were “leaning toward” requiring vaccinations and 49% were leaning against it. That research, by consultant West Monroe, found executives from the East Coast were more likely to be leaning toward it than anywhere else in the country.
I hope those on the fence decide against it.
While I believe it’s wise for everyone to get the shots, forcing it on your workforce is the wrong way to handle the situation. In this political climate, it won’t go over well and could backfire. It also could get you sued.
I’d rather see employers do what a nursing home in Upper Nazareth did, and give workers a bonus to get their shots. Even if you don’t believe in the shots, or if you want to make a political statement by refusing to get one, it may be hard to turn down $750.
But mandates are a possibility, and something to consider as you decide whether you will be vaccinated when you are eligible. It’s on the minds of people locally, as the question was posed during a recent telephone town hall on vaccines hosted by state Sen. Pat Browne of Allentown.
In December, the U.S. Equal Employment Opportunity Commission cleared the way for employers to require vaccines, as long as they follow the law with respect to people who have medical conditions that make it dangerous, or people who have religious beliefs against it.
There hasn’t been a rush to do that.
I spoke with two Pennsylvania labor law attorneys this week, and only two of their clients are mandating vaccines.
“We’ve candidly tried to advise employers that we think it makes sense to go the voluntary route when it comes to vaccinations as opposed to the mandatory route,” said George Hlavac of South Whitehall.
He said only two of his firm’s about 500 clients have mandated COVID vaccines. Both are in the health care field, where vaccine requirements already are standard, such as with flu vaccines.
None of attorney John Harrison’s clients are mandating, and he recommends against it, too.
“I am recommending they encourage, but not force,” said Harrison, of Bethlehem.
The EEOC says employers can require employees to be vaccinated so they don’t “pose a direct threat to the health or safety of individuals in the workplace.”
A mandate is subject to federal laws including the Civil Rights Act and Americans with Disabilities Act, as well as collective bargaining for union workforces.
“You have to be careful of a whole host of things, and you have to be extremely careful if you plan to terminate someone who doesn’t get a vaccine,” Harrison told me. “It becomes a risky proposition to just turn around and terminate someone as a result. You can’t do it. There’s a series of standards that you have to comply with.”
That means making a “reasonable” accommodation for employees who cannot be vaccinated because of a medical condition or disability, or who don’t want to be vaccinated because of a religious belief. Employees may be entitled to work remotely, for example.
Accommodations must be offered unless they would pose an “undue hardship,” meaning it would be at more than a minimal cost or operational burden.
If we’re going to shake the coronavirus, a lot of people are going to have to be vaccinated. Employers can play a big role in that by encouraging their staffs to get their shots, even if they have to put some money on the table to twist arms.
The nursing home I mentioned isn’t the only one doing that. Dollar General is offering workers four hours of pay. Employees at Lidl grocery stores will get $200.
Both said the payments are to cover costs such as travel or childcare, and so workers don’t lose income by skipping work to get vaccinated. Other employers are offering paid time off for vaccination appointments.
Those investments are worth it for employers. If the majority of their workforce gets vaccinated, it provides some assurance that they won’t be as likely to get sick and reduce productivity.
While a lot of people are scrambling to get a vaccine as soon as possible, many are hesitant or opposed. A poll released last week by Monmouth University found 24% of respondents don’t intend to get it, and 19% want to let other people get it first to see how they fare.
Previous polls have had similar results.
With such a variety of opinions about COVID vaccines, employers would be inviting trouble if they try to force all workers to get one. Instead, they should encourage it, with incentives if necessary, and trust that most will do the right thing.
(Paul Muschick is a columnist for the Morning Call of Allentown.)