With the arrival of vaccines to combat the Covid-19 pandemic, in many sectors it has become a mandatory requirement to have the appropriate number of doses, in order to protect the health of the entire environment. In the workplace, for example, this fact has generated countless doubts among workers who refuse to apply the Covid-19 vaccine, for different reasons.
According to data from the Centers for Disease Control and Prevention, known by the acronym CDC, currently 65.9% of the United States population has a complete vaccination schedule against coronavirus, that is, with two, three and up to four doses, depending on the laboratory of origin, while 77.4% have only one dose.
Since 2021, there have been several state pronouncements calling on employers to encourage their employees to get vaccinated, but without specifying that it is a mandatory action. However, there are cases in which important companies have fired workers for not administering the Covid-19 vaccine.
This entire situation has opened a debate about labor rights in these cases, creating doubts among workers about whether vaccination should be mandatory or not. If you are having problems at your workplace because of the vaccine, or believe that your rights are not being respected, at Conexión Legal we can help you. Call 1800 201 1220, or write to our WhatsApp and receive a free legal consultation from our team of experts.
- Can a worker be fired in the USA for not getting vaccinated?
- When is it possible to require an employee's vaccination?
- Are there exceptions in the application of the Covid-19 vaccine for workers?
- Receive free legal advice about labor rights in vaccination cases
Can a worker be fired in the USA for not getting vaccinated?
Although it is not a mandatory rule for companies to require their workers to be vaccinated against Covid-19, the reality is that there is also no law that prevents employers from taking action against a worker who does not comply with the vaccination schedule, when it becomes company policy.
That is, basically it will depend on the employer's decision, who is fully entitled to require their workers to get the Covid-19 vaccine to protect the entire work team, as long as laws against labor discrimination are respected.
In the United States there are already many cases of companies that have fired workers for not complying with policies by not getting vaccinated, such as CNN, Walmart, among others. However, there are certain exceptions in which, by law, an employee can refuse to receive the vaccine. If you believe that your labor rights are not being respected regarding vaccination requirements at your company, our team can provide you with legal advice to understand your rights according to the characteristics of your case.
Want to evaluate your case?
Contact us as soon as possible. We serve 24/7 and evaluate your case free of charge with a Spanish-speaking attorney.
When is it possible to require an employee's vaccination?
Although the requirement for vaccination depends on each employer and company policies, there are certain occasions when the application of the complete vaccination schedule against Covid-19 should be mandatory, depending on the laboratory that is selected.
Some of the cases in which vaccine application is mandatory are:
- Healthcare sector workers. In order to protect patient well-being, there are many states in the country where healthcare personnel vaccination is mandatory.
- Jobs that involve caring for children. Likewise, to protect children's health, some regions of the United States require vaccination for people who work in schools, daycare centers, etc.
In each of these types of jobs there are risks that can endanger the health of those involved, if the worker does not apply the corresponding vaccine. For this reason, in these cases it is usually a mandatory requirement that, if not met, can lead to the worker's dismissal.
Are there exceptions in the application of the Covid-19 vaccine for workers?
Like any rule, there are exceptions. In the case of the Covid-19 vaccine, even when a company has a policy of vaccination against the virus, there are cases in which certain aspects may exempt the worker from this obligation.
According to the Equal Employment Opportunity Commission, known by the English acronym EEOC, some of the situations in which a worker cannot be required to get the vaccine are:
- Cases of disabilities. According to what the law establishes, in the United States a person who has some type of disability cannot be fired from their job for not getting the vaccine. However, if it is a job that involves contact with food, the employee could be fired or reassigned for not getting vaccinated.
- Religion. There are different types of religions that, within their beliefs, prevent their followers from getting vaccinated. If an employee follows a religion that does not allow them to get vaccinated, the company cannot require them to do so, except in some cases where the worker could be forced to resign from their position for refusing to receive the vaccine.
In any of these cases, it is important to know the legal framework very well in this type of situation, in order to find a correct solution that allows preventing the worker from losing their job, while asserting their labor rights.
Receive free legal advice about labor rights in vaccination cases
Cases of dismissal for refusing the administration of the Covid-19 vaccine can become very complicated. In order for the worker to better understand the laws that protect their labor rights in these cases, working with a free legal advisor is the best option.Also read: What does the law say about unjustified termination in the United States and why do I need free attorneys?Call now at 1800 201 1220, or write to us on our WhatsApp to receive a free legal consultation from the Conexión Legal team, who will be willing to provide you with all the assistance you need, according to the characteristics of your case.
Follow the steps in the following form to schedule your free consultation appointment.
