With more and more employers demanding COVID-19 vaccinations, VERIFY viewer Jen asked: Is it legal for a company to separate its unvaccinated employees from the vaccinated?
On July 29, President Joe Biden announced that all federal employees and local contractors would need to be vaccinated against COVID-19.
“Anyone who does not confirm that they are fully vaccinated must wear a mask at work, regardless of their geographic location, physical distance to all other employees and visitors, comply with a weekly or twice weekly screening test requirement and are subject to restrictions on official Travel, ”reads a White House information leaflet.
New York City was one of the first US cities to require vaccinations for every person hired by a city agency and proof of COVID-19 vaccine for indoor dining, indoor gyms, and indoor concerts and performances in the whole city demanded.
In response to the increasing changes in employer requirements, VERIFY viewer Jen had a question.
THE QUESTION
Jen asked: Is it legal for a company to separate vaccinated and unvaccinated employees in a work area?
THE SOURCES
THE ANSWER
Yes it is legal. Companies can take precautions to protect employees and customers as long as those precautions are not discriminatory in a way that treats employees differently based on disability, race, color, religion, gender (including pregnancy, sexual orientation and gender identity), national origin, age or genetic information.
WHAT WE FOUND
Charles Johnson, an employment law attorney at Robinson, Bradshaw & Charlotte, said it was generally legal for an employer to require vaccinated and unvaccinated employees to work separately.
“Because they [an unvaccinated individual] If they pose a greater risk to the workplace and the public, they may be restricted in their movements, such as wearing masks or other mandatory behaviors that would help prevent the transmission of COVID-19, “Johnson said.
In May, as mask requirements evolved in the U.S., Margaret Foster Riley, professor of law at the University of Virginia School of Law, said VERIFY companies can take precautions to protect employees and customers as long as those precautions are non-discriminatory.
Federal Equal Opportunity Laws (EEO) do not prevent an employer from requiring all employees who physically enter the workplace to be vaccinated against COVID-19, according to the Equal Employment Opportunity Commission.
But “it would also be illegal to apply a vaccination requirement to employees who are employees based on disability, race, skin color, religion, gender (including pregnancy, sexual orientation and gender identity), national origin, age or genetic information, unless there is one a legitimate, non-discriminatory reason, ”said the EEOC.
“Employers who promote or require vaccination, however, must comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and other workplace laws,” according to the EEOC.
“If a worker who cannot be vaccinated poses a direct hazard to the workplace, the employer must consider whether adequate precautions can be taken, e.g.
More from VERIFY: No, most companies don’t break HIPAA by asking customers if they’ve been vaccinated
The VERIFY team works to separate fact from fiction so you can understand what is true and what is false. Please consider subscribing to our daily newsletter, text notifications, and our YouTube channel. You can also follow us on Snapchat, Twitter, Instagram, Facebook, and TikTok. Learn more “
Follow us
Would you like something VERIFIED?
Text: 202-410-8808
Comments are closed.