COVID-19 Vaccine Protocols

As we have seen, the COVID-19 vaccine is here and is being distributed across the country. As the vaccine becomes available to us the question arises: Can and will charter school employers require employees to get vaccinated? This is a consideration each school must carefully weigh.

While employers can require the vaccine, before deciding to do so there are a few things to note. What’s trending? Most employers across the United States are not requiring, but rather encouraging employees to get vaccinated. A recent survey completed by SHRM (The Society for Human Resource Management) indicates that nearly two thirds of American workers say they are likely to get the vaccine once it becomes available.

Whatever a charter school decides, one thing holds true: charter administration should make sure that any practices or programs rolled out concerning COVID-19 vaccines are done so consistently and compliantly. For example, if your charter school will provide on-site administration of the vaccine, you will want to distribute factual information about the vaccine as well as partner with health care providers or staff administration to make sure the vaccines are administered properly. Considerations such as timelines for distribution, vaccination tracking, recordkeeping, and confidentiality must be well thought out and prepared for.

Can we really require and enforce that all employees get vaccinated?

No – not in all cases. Recognize that all does not necessarily mean all when enforcing a vaccination mandate. The EEOC enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Genetic Information Nondiscrimination Act. These laws provide employees with protections, of which some of them may provide them with a valid reason to decline the vaccination. The EEOC has explained that employers that are subject to the Americans with Disabilities Act (ADA) generally must provide reasonable accommodations to employees with disabilities. This may come in to play for an employee with an immune deficiency disorder, for example, who may be put at health risk if they were to take the vaccine. As another example, employers subject to Title VII of the Civil Rights Act of 1964 must reasonably accommodate individuals who notify them of sincerely held religious beliefs that put them in opposition of receiving the vaccine.

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