Throughout the nation, government authorities, businesses, employees and medical services have been confronted with questions about workplace COVID-19 mandates. Numerous legal issues are part of this debate, including the rights of employees to control their medical treatment and the relative powers of state and local governments. As with other aspects of the pandemic, there is little precedent that employees and businesses can look to for guidance. Naturally, many people are uncertain about what they’ll have to do now and in the near future.

Common questions among workers include:

• Can my employer require a vaccine? —The Connecticut Commission of Human Rights and Opportunities states that private employers may require workers to get vaccinated if accommodations are made for those who refuse the vaccine for medical or religious reasons. As one possible accommodation, unvaccinated employees could agree to frequent testing. Someone who seeks to avoid the shot might have to provide evidence that their medical or religious objection is authentic.
• Does it make a difference how many workers my company has? — In an effort to promote vaccinations, the federal Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard mandating that businesses with at least 100 employees require vaccines or COVID-19 tests from their workers. However, numerous states, employers and individuals have filed lawsuits protesting this measure. The U.S. Court of Appeals for the Fifth Circuit issued an injunction on November 12 against implementation of the mandate, which was going to take effect in December and January. Further legal developments could restore the mandate at a different date, so you should consult with a qualified employment lawyer about the current state of the law.
• What about HIPAA rights? — Many employers and employees misunderstand the scope of the Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA). That law covers certain medical providers and health insurance plans but does not prohibit an individual or business from asking about your vaccination status or requiring that you get a shot as a condition of employment.

You might be eager to work in an environment where everyone has been vaccinated or tested. Alternatively, you could have reservations about getting the shot for personal reasons. No matter what concerns you have, getting up-to-date information will help you make informed decisions about what is best for you in your work situation.

Gesmonde, Pietrosimone & Sgrignari, L.L.C. represents Connecticut residents in a wide range of employment law matters. From offices in Hamden and East Haven we assist clients from around the state. To make an appointment for a consultation regarding a vaccine concern or any other workplace legal issue, please call 203-745-0942 or contact us online.