The COVID-19 pandemic has had a significant impact on employees and employers across the country. While some workers can do their jobs remotely, many others must report to a physical workplace. This may raise concerns about exposure to the virus, whether employers are taking proper precautions, and whether employees have legal rights if they feel unsafe.
At the same time, changes in federal, state, and local laws related to COVID-19 continue to evolve. This includes laws governing mandatory vaccinations, paid leave for COVID-19–related reasons, and accommodations for employees who have underlying conditions or religious objections to vaccinations.
Understanding current guidance can help employees and employers alike. If you suspect your rights were violated — or if an employer is unsure how to comply with changing requirements — consulting with an employment lawyer may be a step toward clarity.
What Are Some Workplace Safety Measures for COVID-19?
Employers have a responsibility under the Occupational Safety and Health Administration (OSHA) guidelines to help reduce the spread of COVID-19 at work. While no employer can guarantee absolute protection, there are steps generally considered appropriate, like:
- Implementing physical barriers where possible to separate employees.
- Adjusting schedules to reduce the number of people present at one time.
- Providing personal protective equipment and encouraging the use of face coverings.
- Encouraging frequent handwashing and maintaining proper ventilation.
Some employers rearrange work areas, install plexiglass dividers, and limit group gatherings. If employees must work in close quarters, employers should consider additional protective measures. These actions can help reduce transmission risks and may limit potential liability if an employee contracts the virus.
What Are Workplace Right Concerns When Raising COVID-19 Safety Concerns?
Employees may worry about retaliation if they voice concerns about COVID-19–related safety issues. Generally, raising a safety concern should not be a reason for termination. However, many employees work at-will, meaning they can be fired at any time for almost any reason.
Although at-will employment does not protect workers from every type of termination, employers still cannot fire employees for discriminatory reasons or for objecting to clearly unsafe or unlawful workplace conditions.
If an employee reports unsafe COVID-19 practices and is fired, they may have grounds for a wrongful termination claim. It is wise to keep written records of communications with the employer and seek legal guidance if there is any suspicion that the termination was related to voicing a safety concern.
What Are Reasonable Accommodations Under the ADA?
Employers covered by the Americans with Disabilities Act (ADA) may be required to provide reasonable accommodations to employees whose disabilities increase their health risks related to COVID-19. Such accommodations might include allowing an employee to work in a separated area, installing barriers, or, when possible, adjusting schedules to reduce contact with others.
If a job was performed remotely during the height of the pandemic, some employees might request to continue working from home due to disability-related concerns. Employers must evaluate these requests on a case-by-case basis.
If remote work is not possible, the employer should consider other measures to reduce exposure risks, as long as they do not create undue hardship for the business.
Returning to the Workplace After Remote Work
As pandemic-related restrictions relax, many employers will seek to have employees return to the workplace. Employers must continue to follow local, state, and federal guidelines.
Workers who still have COVID-19–related health and safety concerns should first review their company policies or speak with human resources. If they believe their employer’s requirements violate the law, or if the employer refuses to consider reasonable accommodations for a qualifying disability, contacting an attorney may be helpful.
Are There Mandatory COVID-19 Vaccinations in the Workplace?
Private sector employers can often require employees to receive the COVID-19 vaccination as a condition of employment, but they must consider certain exceptions. For instance, employees may request exemptions for reasons related to disability or sincerely held religious beliefs. Employers must review these requests according to the ADA and Title VII of the Civil Rights Act of 1964.
Disability-Based Exemptions
Under the ADA, an employer must assess whether an unvaccinated employee poses a direct threat to themselves or others. Considerations may include how closely and in what setting employees work together.
If an unvaccinated employee’s presence is determined to be a direct threat, the employer must consider if a reasonable accommodation could reduce that threat. If no accommodation would work without causing undue hardship, the employer may exclude the unvaccinated employee from the workplace. However, they must consider other legal rights before taking further action.
Religious-Based Exemptions
If an employee requests an exemption due to a sincerely held religious belief, the employer must consider whether granting the accommodation would impose more than a minimal cost on the business. If it would, the employer may deny the request.
Employees covered by collective bargaining agreements or who have employment contracts may have terms governing vaccinations. Employers should review existing contracts and agreements and consider state laws, which may evolve to prohibit or limit mandatory vaccination policies.
Disputes Over Vaccination Requirements
If employees feel their rights were violated due to a mandatory vaccination policy, they should consider speaking with an attorney who stays current with changing regulations. This is particularly important when determining whether exemptions were properly handled.
Some employees may believe they were wrongly denied an exemption or that their employer failed to consider an alternative, such as working off-site.
Are There Any Privacy and Medical Screening Issues for Vaccinations?
Administering a COVID-19 vaccine to employees is not considered a medical examination under the ADA. However, pre-vaccination medical screening may involve questions that could lead to the disclosure of a disability.
Employers must ensure such screenings are related to the job and necessary for the workplace’s safety. Otherwise, they risk violating anti-discrimination laws. If an employee thinks their employer asked inappropriate screening questions, it may be necessary to seek legal advice or file a claim with the Equal Employment Opportunity Commission (EEOC).
What Should I Do If I Lost My Job Over a COVID-19 Issue?
If an employee suspects they were terminated due to COVID-19–related issues, there may be legal avenues available. For example, if an employee was fired after requesting a reasonable accommodation for a disability, that may form the basis for a discrimination claim.
If an employee needed time off due to COVID-19 and was fired despite legal protections for such leave, this may also be grounds for a wrongful termination claim.
Congress and many states have passed laws related to COVID-19, including leave policies and anti-retaliation measures. Employees may have protection under the FMLA, state-level family leave laws, or the Families First Coronavirus Response Act (FFCRA). Documenting any communications related to these requests can be critical if legal action becomes necessary.
Protecting Your Rights and Seeking Legal Help
The laws surrounding COVID-19, vaccinations, and workplace safety continue to change. Employers and employees are both adjusting to evolving rules and guidance from government agencies.
In this environment, misunderstandings and disputes may arise. Workers who believe their rights have been violated should consider seeking legal counsel. Attorneys can help determine if there is a valid claim, which laws may apply, and what steps to take next. They can also provide valuable guidance to employers who want to implement policies that comply with the latest regulations and minimize conflicts.
Each state may have different standards, and federal laws may be interpreted differently by various courts. Keeping detailed records of communications, policies, requests for leave or accommodations, and any actions taken by the employer can help support a claim if legal action becomes necessary.
Should I Hire a Lawyer for COVID-19 Vaccinations and Employment Issues?
As changes in laws and workplace conditions continue, having a clear understanding of your rights is important. Connecting with an employment lawyer through LegalMatch can be of great assistance. A lawyer can help you review your situation, explain how current rules might affect you, and outline the steps you can take.
Do not wait until problems become harder to address. Get started with LegalMatch today and find an attorney who can help you make informed choices, protect your interests, and move forward with greater peace of mind.
