Steering Clear of Legal Pitfalls to Mandating or Incentivizing COVID Vaccines for Employees

On 15-June, 2021 at 01:00 PM EDT | 10:00 AM PDT | 12:00 PM CDT Duration 75 Minutes Credits HRCI 1.15 & SHRM 1.15 PDCs

  Enroll in Course

Speaker: Diane L. Dee, President of Advantage HR Consulting, has over 25 years of experience in the Human Resources arena

Overview

COVID-19 vaccines are giving many employers hope that their workplaces can slowly return to normal.To help speed that return, employers are considering requiring or encouraging workers to get vaccinated.That’s allowed within certain limits, but there are employee relations hurdles and legal challenges in mandating or incentivizing vaccines that employers need to be aware of.

Before employers jump to requiring employees to get vaccinated, they should understand all the possible effects of that decision – both operational and cultural.As an example, if an employer makes COVID-19 vaccinations mandatory and excludes people from the workplace who haven’t gotten immunized, there may not be enough employees to keep the business running.There are morale issues that might materialize.It’s possible that, despite the toll that the pandemic has taken on all of us, some employees may be reluctant, or even hostile, to a requirement that they get vaccinated.This reluctance could create an employee engagement issue that some employers may not want to provoke.

Why Should You Attend

The availability of COVID-19 vaccines has garnered massive attention.Perhaps the most pressing questions from employers are whether or not they can require their employees to be vaccinated and inquiries as to whether employees have already been vaccinated.These questions could aid in return-to-the-office planning or in determining continuing COVID prevention strategies.Before mandating vaccinations or proceeding with inquiries, employers need to understand their legal rights and obligations regarding this topic.Missteps can easily lead to legal complications.

Participants in this webinar will gain an understanding of the employee relation hurdles and legal challenges employers may face when mandating or incentivizing vaccines.

Areas Covered

  • To Mandate or Not to Mandate?
  • Do employers really need a mandatory program?
  • May employers ask for proof of vaccination?
  • Legal risks to be aware of:disparate impact, retaliation claims, claims of wrongful termination
  • Implications of the Americans with Disabilities Act, Genetic Information Non-discrimination Act, the Age Discrimination in Employment Act and the Pregnancy Disability Act
  • Handling employee requests for an exemption based on a disability or due to a sincerely held religious practice or belief
  • Offering incentives to getting vaccinated:tax consequences
  • Administering COVID-19 tests to employees
  • Can an employer ask employees physically entering the workplace if they have been diagnosed with COVID or have been tested for COVID-19?
  • May an employer require proof of receipt of a vaccination
  • Repercussions of employees who suffer serious side effects from the vaccine
  • Postponing start dates/withdrawing a job offer
  • COVID-related Harassment and/or discrimination issues & how to address them
  • EEOC considerations in planning furloughs or layoffs
  • Role of the CDC
  • Federal considerations regarding mandatory vaccinations: Title VII of the Civil Rights Act, Liability under worker compensation laws, OSHA, and the NLRA
  • Disability & religious discrimination as a result of mandating vaccinations
  • Inquiries as to why the employee ISN’T vaccinated
  • Asking how the vaccination process went – a slippery slope

Who Will Benefit

  • Senior Management
  • Human Resources Professionals
  • Managers & Supervisors
  • Operations Professionals
  • Compliance Professionals
This activity has been approved for 1.15 HR (General) recertification credit hours toward aPHR, PHR, PHRca, SPHR, GPHR, PHRi and SPHRi recertification through HR Certification Institute (HRCI). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org

This program is valid for 1.15 PDCs for the SHRM-CP® or SHRM-SCP


Your Instructor


Diane L. Dee
Diane L. Dee

Diane L. Dee, President of Advantage HR Consulting, has over 25 years of experience in the Human Resources arena. Diane's background includes experience in HR consulting and administration in corporate, government, consulting and pro bono environments. Diane founded Advantage HR Consulting in early 2016. Under Diane's leadership, Advantage HR provides comprehensive, cost-effective Human Resources solutions for small to mid-sized firms in the greater Chicagoland area.

Diane holds a Master Certificate in Human Resources from Cornell University's School of Industrial and Labor Relations and has attained SPHR, SHRM-SCP, sHRBP and HRPM® certification.

Diane is a member of the National Association of Women Business Owners and the Society for Human Resource Management. Additionally, Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.


Get started now!