MEMPHIS, Tenn. — The COVID-19 vaccine is here, but could you soon be “forced” to take it to continue with life as normal?
Right now, people are lining up for the shot, but those still on the sidelines are unsure of whether they will get it. Now, there are questions over whether the decision will be made for them, especially when it comes to employers making getting the vaccine mandatory.
Memphis Attorney Alan Crone explained if employers can make their workers get the shot.
“If they have a legitimate business interest, particularly businesses that have folks working in close quarters. I think it makes sense for them to require the vaccine,” Crone said.
Crone says the Cares Act provides a mechanism, but workers have some leeway.
“For example, the Americans with Disabilities Act is going to come into play if there’s a particular disability or medical condition that would be a problem in mixing with the vaccine, then the employer has to work with the employee to make a reasonable accommodation for them,” Crone said.
That can be remote working or isolation. There is talk that some airlines could require proof of a vaccine before a passenger is allowed to fly.
“If a private carrier says, look, I’m not gonna carry somebody that hasn’t been vaccinated. In theory, they could do that unless the Congress provides some sort of law against it,” Crone said.
But Crone says airlines must consider if they want to alienate a certain segment of their customer base. And businesses considering it also have to abide by the local and state laws, which is why Crone thinks we may see some bills in the legislature.
Anytime you require people to do something, get ready for possible lawsuits.
“You know we haven’t had a situation like this in 100 years and a lot of the laws that that protect us now were not in place 100 years ago,” Crone said. “So I think 2021 and 2022 are gonna see a lot of legal action on these issues.”
Crone says because Tennessee is an at-will employment state, employers have a lot more options in what they require of their workers.
