Vaccination Discrimination?

Vaccine rollouts are well under way around the world and this is especially true here in Colorado. I signed up for my first shot last Friday at 10:45am 2 days later on Sunday I had my first injection at DU’s Ritchie Center. The process was well orchestrated and easy. 

While many people are dreaming of traveling abroad again, some are simply happy to get out of their home and go back into the office again. While working from home has its perks, many people I have spoken to miss the comradery and ease of communication only an in-person office experience delivers. Moreover, many people cite they just need out of their home, away from their kids and spouses! ?

Over the past week I’ve spoken with several CEO’s leading well-known companies in Colorado who are creating vaccination policies and procedures around employees coming into the office. One in particular is planning to mandate that only vaccinated employees will be allowed into the office unless they have a religious or medical exemption.

Is this discrimination? 

He assured me he had spoken to their attorneys and it was completely legal. Similar to schools and their children, businesses have the right to require their employees be vaccinated before coming into the office. 

“Colorado law (Board of Health rule 6 CCR 1009-2) requires all students attending Colorado schools and licensed child cares to be vaccinated against certain diseases, unless an exemption is filed.”

I still was skeptical and did a little digging. Sure enough, it is legal for companies to mandate. In December, the Equal Employment Opportunity Commission released revised pandemic guidance saying that employers generally can mandate that employees receive an FDA-authorized Covid-19 vaccine. The guidance included cautionary instructions regarding restrictions on disability-related questions and exemption protections based on medical conditions or religious beliefs. In those cases of exemption, reasonable accommodation must be made to the employee, such as working remotely or being reassigned to a non-customer-facing position.

 Ok, so it is legal, but is this fair?

Given the politically charged climate in the U.S. the past few years I suspect this will set off a fraught debate about the fairness of these policies. Ultimately, the decision about whether to mandate the vaccine is a deeply personal one for each person and each organization.

I don’t believe there is a right or wrong answer. Each CEO, with input from executive teams and boards, must make the best decision they can, and the one most closely aligned with their own unique mission and culture. It’s doubtful that you’ll have 100% buy-in from every employee. Heck, I am aware of a local Denver based hospital where nearly 30% of their employees have chosen NOT to receive vaccinations. Yes, you read that right. Obviously they are on the front lines and their core values are centered around safety and health, yet 1/3 of their employees are opting out.

What do you think? Would love to hear from you. Please comment below.