Labor and employment law attorney Michael Morrison is not a medical professional. But he does understand the importance of knowing your rights when it comes to a COVID-19 vaccine mandate in your workplace — especially now that such mandates are legal under specific conditions. 

“Mandatory medical testing in the workplace is governed by the ADA, the Americans with Disabilities Act, which is intended to protect applicants and employees from disability discrimination,” he says in this episode of The Walking Papers podcast. “An employer must have a reasonable belief based on objective evidence — which can come from a fellow employee or another trusted source of an employee's ability to perform essential job functions — that they will be impaired by a medical condition, or an employee will pose a direct threat due to a medical condition.”

In this episode, Michael discusses what counts as a direct threat, or “a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” He unpacks this further by delving into what constitutes a reasonable accommodation and why the CDC decided the COVID-19 pandemic meets the direct threat standard.

Lastly, Michael shares what to expect if you implement a COVID-19 vaccination requirement in your workplace. An employee may indicate they’re unable to receive the vaccine because of a disability or a sincerely held religious belief, practice or observance (which is the main legal objection to the mandate); Michael explains how to respond in this situation.

👉 Featured Guest 👈

Name: Michael Morrison

What he does: As a labor and employment law attorney at Van Kampen Law, Michael Morrison advises his clients on legal proceedings related to workplace issues.

Company: Van Kampen Law, PC

 Words of wisdom: “Though mandatory testing is allowed, employers still have to be smart and equitable, they still have to check the boxes … and they need to remember that they can still be liable.”

Where to find Michael: LinkedIn

💡 Key Ideas 💡

Lessons learned on this episode

★    Know your rights when it comes to vaccine mandates in the workplace — Employers have the right to require their team to get the COVID-19 vaccine, but employees also have the right to refuse to get it if they have an ADA-covered disability or sincerely held religious belief, practice or observance.

★    Move forward with caution if you’re an employer mandating it — Just like mask mandates, pushback is inevitable with a vaccine mandate, so be prepared for requests for accommodations. To make sure you’re remaining lawful, ensure pre-screening questions are job-related and necessary for the business.

★    You might have to identify other workplace accommodation options that do not constitute an undue hardship — If an employee says they’re unable to receive the vaccine due to a disability, their employer must show that an unvaccinated employee would pose a direct threat, due to a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.

⚡ Episode Highlights ⚡

 [1:29] Constantly evolving: Michael...