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Can You Get Fired If You Don’t Get a COVID-19 Vaccine? Yes

February 22, 2021

Any workplace vaccine policy must include what federal law calls “reasonable accommodations” for disability and sincerely held religious beliefs. Examples of accommodations are allowing the person to telecommute or to come to work double-masked.

Attorneys and human resources managers are looking to the Americans with Disabilities Act, the Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration for guidance. Beyond those federal Big Three, there could be some distinctions state by state, because each has its own department of labor, overseeing workplace safety.

“Under the Americans with Disabilities Act, the regulations [question whether] you present a risk of substantial harm to the health or safety of the individual or others,” explains Long Island, N.Y., labor and employment lawyer Domenique Camacho Moran of Farrell Fritz.

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  • Related Practice Areas: Labor & Employment
  • Featured Attorneys: Domenique Camacho Moran
  • Publications: Fast Company