Vaccination Nation?

 


As we’ve entered the new year, the news seems to be shifting to talks of first responders and essential workers beginning to receive the COVID-19 vaccines that are now available.  These two vaccines, from Pfizer and Moderna, are a two-dose ‘end’ to the seemingly unending pandemic that we have all been living through. Pfizer was the first to have a vaccine approved by the FDA on December 11th, 2020. Their vaccine was 95% effective in clinical trials at preventing lab-confirmed COVID-19 illness in those who received the two doses and had not been infected previously. The Moderna vaccine, approved by the FDA on Dec 18th, 2020, was 94.1% effective in clinical trials.  

Many employees are wondering whether they will be required by their employer to get vaccinated before they return to a physical workplace. There is, of course, also the question of if the 'return to work' will be a 100% workforce return to a physical space. Some have speculated that a handful of employees may remain completely remote, or adopt a partially remote work schedule on a more permanent basis.  Organizations have been discussing the legality of a vaccination requirement and whether or not they will implement it themselves.  There is less question for certain industries, such as healthcare, who have long faced vaccine requirements for the safety of themselves and patients. But individuals who work in non-health industries at a so-called desk job have never had these requirements put on them before. This year was the first that many schools required all children in attendance to get a flu shot - so the idea of requiring immunization is definitely one that is getting some attention at this time.

Technically, the COVID vaccine has the same guidelines for companies as the flu vaccine. That being, employers have the option to make the needle necessary and fire anyone who refuses it, but there are medical or religious reasons that some employees may be exempt from such a requirement. Amber Clayion of SHRM speaks of a vaccine requirement as a potential liability for a company.  She states how that company might see employees leave, might have to fire employees who don’t want to comply and then even struggle to attract future talent due to the mandate.  On the other hand, NY Times journalist Andrew Ross Sorkin supports the vaccine requirement.  He sees it as a competitive advantage that will assure customers of the safety of their products as well as ensuring that employees would feel more safe coming back to a workplace where everyone is vaccinated. Many business leaders have been hesitant to comment on the topic, but the time for hesitation is running out. Both employees and customers will demand clarity from organizations as they will have to re-define what workplace safety will look like going forward.

Some have offered the idea of a hybrid options for companies.  If you are going to come into the office, then the vaccine is required.  But if you don't want to get vaccinated and your job function can be done remotely, then you can continue to work from home and not get vaccinated.  Business leaders are predicting that there will likely be these sorts of regulations for other public spaces going forward, such as airplanes or gyms.  American Airlines CEO, Doug Parker, shared that he believes some countries will require an airline to have a vaccination mandate before they are allowed to have destinations in their country.  Just as these space can require face coverings now, they may be able to require proof of vaccination to protect their customers.  Instead of just 'requiring' a vaccination, it is possible that some companies might incentivize their employees to get vaccinated.

In some other countries outside of the U.S, there are alternative plans being enacted.  Spain, for instance, is creating a registry of individuals who refuse the vaccine.  This information will NOT be public, but instead will be part of one's medical records.  It will, however, be shared with other European countries.  The vaccine currently is completely voluntary in Spain and will likely remain that way.  Amos Garcia Rojas, the chief epidemiologist in the Canary Islands, speaks of how the registry will mainly be used to verify that citizens were offered the vaccination.  He doesn't want anyone to be able to blame the healthcare system in the future for not having given them access to the vaccine.

As stated earlier, there are medical or religious exemptions already in place for individuals who do not wish to get the flu vaccine.  The EEOC (Equal Employment Opportunity Commission) is the federal organization tasked with enforcing civil rights laws against employment discrimination.  Currently, guidance says the employers can make a sick employee stay home, require a doctor's note to return to work or mandate testing.  It also says the employers can require vaccination, with some limitations.  On the basis of religion, it must be seen that an individual has 'legitimately held, sincerely held' belief that would prevent them from taking a vaccine.  But, how does one identify if a belief is legitimate?  Smaller companies are concerned about the potential allowance for exemptions for vaccination as it increases their risk of closure.  A large company of thousands could potentially handle 10-12 people getting sick, but could a 25 person company?  If around half of the employee population were to get sick, that company might likely go out of business.

These are not easy questions to answer.  And I don't believe that there is a perfectly right solution.  It is my opinion that companies are going to need to do what is plausible for their employee population.  Smaller companies might need to require the vaccination in order to ensure that they can stay in business.  This might mean allowing any individuals with disabilities or religious beliefs that prevent vaccination to remain completely remote from the other employees.  CEOs of larger companies should make their opinions known as an example for everyone around them.   As of Dec 15th, 72% of CEOs have signaled openness to mandating vaccination.  If that is their belief, then those CEOs should openly speak about their intention to get vaccinated.  Exemption cases should be taken in stride, analyzing the potential for remote work for these individuals or considering finding different areas of work if their current roles require in-person work.  With the amount of Americans that have lost jobs already due to the pandemic, no one wants to see more mass firing because individuals are refusing the vaccine.

All I can say is that it will be interesting to see how this year develops when it comes to the topic of COVID-19 vaccine.  I plan to get vaccinated as soon as it is available to me.  Unfortunately, I am part of the population that will likely be last in line.  Until then, I will practice social distancing and try to power through....

-Vicky

Sources:
https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/pfizer-biontech-covid-19-vaccine
https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/moderna-covid-19-vaccine



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