Update:
In regards to the proposed mandate that required that workers at businesses with 100 or more employees get vaccinated or submit a negative Covid test weekly to enter the workplace and also required unvaccinated workers to wear masks indoors at work. The courts recently ruled that:
“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,” the court wrote in an unsigned opinion. Thus it appears the ability of companies to mandate the vaccine is still under discussion
Original post below:
5 Things You Need to Know About Hiring and Covid Vaccinations
Over the past few months, the number of job postings that require proof of vaccination criteria has increased dramatically. As OSHA business mandates are implemented, we expect these types of job requirements will become standard for most employers. In this blog post we will cover 5 things you need to know about the hiring process while following Covid vaccination mandates.
Some Background on the OSHA Mandates
The emergency temporary standards (ETS) from OSHA cover employers with 100 or more employees (firm or company-wide) and provides options for compliance. Among other things, the ETS requires employers to provide paid time off to workers to get vaccinated and to allow for paid leave to recover from any side effects. To further complicate matters, the Supreme Court recently heard arguments on whether OSHA has overstepped their authority by implementing these standards.
Per CNN, on Monday January 10th, a federal vaccine mandate went into effect for all businesses with 100 employees or more. Under the rule, those who choose not to be vaccinated must submit to weekly testing. The Supreme Court heard debates and challenges to the rule on Friday January 7th, but have not chosen to block or pause it. Nearly two-thirds of the eligible US population is fully vaccinated against Covid-19, according to the CDC.
How Does This Impact Your Company?
These are issues which impact all aspects of our work-lives and also butt up against some thorny legal issues, so what does all that mean for your company? In this blog post we’re giving you answers on five questions you might have regarding what you can and cannot ask your candidates regarding their Covid vaccination status during the hiring process.
In a recent discussion with our corporate attorney, we found this information relating to Covid, clients,and candidates to be fascinating. Although things vary state to state, here are some trends we are seeing in the recruitment landscape. However, every company has to make their own decisions on these tough questions and what follows is just one view.
What Can You Say/Ask About Covid Vaccination Status in an Interview?
1. Can you ask job applicants about their vaccination status?
Asking job applicants if they have been vaccinated is not a disability-related inquiry under the Americans with Disability Act. However, we recommend that you only communicate the requirement to be vaccinated instead of directly inquiring about vaccination status. You may also communicate that the candidate has a better opportunity to be hired over someone that is not vaccinated and does not otherwise qualify for a medical or religious exemption.
2. Can a company refuse to hire if they learn that the candidate has no intention of complying with the working condition to be fully vaccinated?
Yes. If a candidate has no intention of being fully vaccinated, they are not qualified for the position, provided there is no medical or religious accommodation.
3. Does the Company need to obtain proof of vaccination before hiring an employee?
This varies from state-to-state and depends on what laws they have in place. In many states, proof of vaccine will be validated on the first day of employment. In other states, employers must accept the word of the candidate and cannot request to see the vaccination card (which is at odds with the ETS).
4. Can employers require job candidates to be vaccinated just to get an interview?
The short answer is yes. Because it’s not considered discriminatory hiring by the Department of Labor, more employers are already starting to consider only vaccinated job seekers. Other employers show a definite preference to already vaccinated candidates, and can legally ask the question in interviews, include the question on job applications, and include it as a criteria in job ads.
5. At what point do final candidates submit their exemption request?
Hiring managers should discuss the requirement and exemption options with a final candidate at time of offer when they are outlining other conditions of employment such as completion of a criminal history background check and sexual misconduct verification. Any final candidate wanting to request a medical or religious exemption needs to complete the applicable forms. A determination must be made prior to the anticipated start date
What Should Job Seekers Consider Regarding Their Covid Vaccination Status?
1. Should I include my vaccination status on my resume?
Although there is no requirement to include vaccination status on a resume, we would encourage fully vaccinated candidates to include that information (if they are willing to do so).
2. Should I volunteer my fully vaccinated status during the interview?
Whether the job you’re interviewing for is work in the office, remote or hybrid, you may want to volunteer that you are fully vaccinated as a way to express your interest in the position.
Wrapping Up
As Covid continues to rise as a concern for many employers, each state and company will be taking a stance on these tough issues. We’re already seeing this as several states are suing the government over the vaccine mandates and other states are expanding exemption protections for employees. Things are very much in flux on this issue, so please keep an eye on our websites for our updated and/or expanded opinions on these issues.
We hope we have been able to shed some light on this tricky issue, and as always, if we can also help you with your recruiting needs, please do not hesitate to contact us!
CONTACT US:
John Salvadore
jsalvadore@grncoastal.com
508-479-3137
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