COVID-19 has already brought massive changes to the workplace this year. Employees across industries are all familiar with screening questions, temperature checks, and required PPE. While we're a ways off from having a vaccine readily available for everyone, the U.S. Equal Employment Opportunity Commission (EEOC) says employers and employees should start to familiarize themselves with their rights when it comes to requiring the workforce to vaccinate.

The EEOC says employers are allowed to develop vaccination policies and can ask employees for proof of vaccination, keeping in mind that there are some exemptions. Employees who can not get vaccinated due to medical or religious reasons can opt-out and can not be punished by the employer. 

“If it’s a disability of sorts, they can also try to adjust the work environment, so that your work environment is accommodating your particular disability," says Patrick Kilker, an attorney with Tully Rinckey in Binghamton, "If that means putting up the shields for any infections coming through or anything like that, that’s certainly permissible. If it is an unreasonable expense for the employer or it can’t be done, then the employer’s not expected to make those accommodations at work, but can, in fact, have the employee work remotely.”

Kilker says he foresees potential issues for businesses that try to implement a vaccination policy and have employees who simply do not want to get immunized.

"You know, ‘I’m not going to put that needle into my system, I’m not going to have all that’s in that inoculation in my body. I’m simply not going to do it.’ That’s different from having a medical reason on why you can’t. Or, if you don’t get immunized whether that’s going to be a safety risk for others that you work with," says Kilker. 

Kilker says that can get complicated because employers are not allowed to inquire into an employee's medical history. Kilker suggests employers and employees look into their rights related to COVID-19 in the workplace on the EEOC website.