Employee Survival Guide® - Biden Mandates Covid-19 Vaccination For All Federal and Private Employees Nationwide
Episode Date: October 14, 2021In this episode of the Employee Survival Guide, Mark discusses the September 9, 2021 Vaccine Mandate by President Biden. Similar to a declaration of war, President Biden today announced that all feder...al employees, federal contractors, all healthcare workers and employers with over a 100 employees must get vaccinated. This is unprecedented and likely to cause a great deal of chaos among employees nationwide. Typically, vaccination requirements were left to the states to decide if, how and when to implement vaccination orders. The Executive Order comes at a time when the Delta Variant is wreaking havoc on the unvaccinated population and Biden’s approval rating regarding Covid-19 is very low.Now, with just one Executive Order to the U.S. Department of Labor, the battle is on. The DOL can now institute enforcement actions and levy fines up to $14,000 per violation. As we already know, the U.S. Equal Employment Opportunity Commission issued guidance to employers that they can mandate vaccination without threat of lawsuits by employees.What does this mean for you if you have not received a Covid-19 vaccination? You must either assert a medical disability accommodation to your employer to avoid the vaccine or be fired. You must also assert a religious exemption to the vaccination or be fired. Yes, this also means that employment attorneys will be very busy fielding endless telephone inquiries about this issue.Listen to the Employee Survival Guide podcast latest episode here https://capclaw.com/employee-survival-guide-podcast/If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts.For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com.The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to.If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Transcript
Discussion (0)
Hey, it's Mark here, and welcome to the next edition of the Employee Survival Guide podcast.
Today, we're going to talk about the Biden mandate of the COVID-19 vaccination for all
federal, private employers nationwide.
Similar to a declaration of war, President Biden on September 9th, 2021, announced that
all federal employees, federal contractors, all health care workers, and employers with over 100 employees must get vaccinated.
This is unprecedented and likely to cause a great deal of chaos among employees nationwide.
Typically, vaccination requirements were left to the states to decide if, how, and when to implement vaccination orders.
to decide if, how, and when to implement vaccination orders. The executive order comes at a time when the Delta variant is wreaking havoc on the unvaccinated population, and Biden's
approval rating regarding COVID-19 is very low. Now, with just one executive order to the U.S.
Department of Labor, the battle is on. The DOL can now institute enforcement actions and levy fines of up to $14,000 per violation.
This may result in a possible bankruptcy situation for some employers, given the situation of how many violations that may occur.
As we already know, the U.S. Equal Employment Opportunity Commission issued guidance earlier this year to employers that they can mandate vaccination requirements
on their employees without threat of lawsuits from employees. What does this mean for you if
you have not received the COVID-19 vaccination? You must either assert a medical disability
accommodation to your employer with documentation from your physician to avoid the vaccine or be
fired. You do have the exception of testing each week,
but I will assure you that that issue will eventually,
that remedy will be removed at a later point in time
as the vaccination process mandate continues on.
You can also assert a religious exemption to the vaccination or be fired.
religious exemption to the vaccination or be fired. And again, you can use the weekly testing to remove your requirement of vaccination for this as well. So what have we seen since the
September 9th mandate in our office? What we've seen is what was predicted, that you would have
employees who still resisted the vaccine and without any religious conviction
or medical basis. It just simply was they weren't ready for it. It's too early to tell.
The excuse that the emergency authorization explanation, that now has gone by the wayside.
And so what you have is a population of individuals out there who are not vaccinated,
really don't know why they're doing it.
We try to give them at least the two avenues they can pursue.
But it really boils down to unfactual or lack of factual basis for reasoning by the employee to remain unvaccinated versus the job jeopardy they put themselves in financially.
versus the job jeopardy they put themselves in financially.
It's really a wild scenario to watch people go through where their convictions about this issue are as important as their financial means,
meaning that earning income is important, obviously, for all of us. And they put that ahead of it.
And it doesn't seem like a rational choice.
And it doesn't seem like a rational choice.
So we don't see the cases that are going to prompt any type of newsworthiness situation or a court filing of a complaint.
Given the very limited scenario that individuals can situation that prevents you from getting the vaccine.
The one that will be most successful will be the medical because that can be documented by medical documentation from a treating provider.
Some states have moved to actually eliminate the religious conviction issue from the vaccine requirement.
And so that's really where the current battle lies.
Fast forward, the eventual resolution of all this will be a mandatory vaccination nationwide and implemented,
where all employers are in the process of providing or mandating employees
get it.
And so you will eventually have a fuller herd immunity, so to speak, by the vaccination,
whatever the new drug will be or the vaccination from either Moderna or Pfizer or whoever,
it doesn't matter.
You'll see a rate of vaccination approach close to 90 percent or higher.
And that will be a year or two from now.
And what happened right now,
we're still in the political fray of this social issue. So that, I predict, will take some time
for eventually the full vaccination will take place. The politics will subside and maybe we'll
find some normalcy then. But as a legal standpoint from employment issues, we are not seeing the types of claims that you would imagine given such strong mandates from the federal government.
Here, the executive branch issuing the mandate from President Biden.
So until we learn more, we will share and look for the next podcast regarding the religious conviction issue having to do with
the COVID vaccination mandate. Until then, be well and talk to you soon. Thanks.