Can I lose my job if I don’t get vaccinated?
The short answer is, in large part, “Yes.” As early as 1905, the United States Supreme Court upheld as constitutional a state law mandating vaccination of all adult citizens against smallpox. See Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11, 25 S.Ct. 538 (1905).
In the employment context, it is legal under both federal and state law for employers to require employees, as a condition of employment, to be vaccinated for diseases, including COVID-19. However, in some circumstances, employers must provide reasonable accommodations for employees who cannot get vaccinated due to disabilities or sincerely held religious beliefs. Both federal and state law require employers to engage in an interactive process with employees seeking an exemption to determine whether reasonable accommodation can be made. However, even if an employee has a legitimate reason for a medical or religious exemption, an employer can still legally terminate the employee’s employment if accommodation would work a hardship on the employer. Additionally, some employers may require vaccination due to job requirements where reasonable accommodation is not feasible. For example, a hospital may require all health care workers to be vaccinated where remote work is not feasible.
On December 16, 2020, and again on May 28, 2021, the federal Equal Employment Opportunity Commission (EEOC) issued guidance containing an excellent overview of EEO laws and Frequently Asked Questions (FAQ’s) regarding vaccine requirements which can be found here: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#K.
On August 20, 2021, Washington Governor Jay Inslee issued a proclamation requiring vaccination by October 18, 2021 for most state employees and health care workers: https://www.governor.wa.gov/news-media/inslee-issues-proclamation-requiring-vaccination-most-state-employees-health-and-long#:~:text=Gov.,COVID%2D19%20by%20October%2018. The proclamation incorporates the federal and state exemptions for disability-related and religious accommodations. Under this proclamation, employers are still required to engage in an interactive process with employees in determining whether reasonable accommodations can be made.
On September 9, 2021, President Biden announced that the federal Occupational Safety and Health Administration (OSHA) is developing a rule that will require employers of 100 or more to ensure their employees are either fully vaccinated or provide weekly negative COVID tests before coming to work: https://www.whitehouse.gov/covidplan/. It is anticipated that this rule will face legal challenges; however, many employers will likely comply with the rule while its validity plays out in the courts.
The bottom line is that being terminated from employment for refusing to get vaccinated is likely not grounds for a wrongful termination lawsuit. If you have any questions about your rights in the workplace, please do not hesitate to give the lawyers at Deno Millikan Law Firm a call.