Tag: vaccine

Can Employers Prevent Unvaccinated Employees from Entering the Workplace?

By Anita Byer, Setnor Byer Insurance & Risk

Many employers are struggling with how to deal with the shrinking, yet substantial number of employees who are not vaccinated for COVID-19. As infection rates increase, employers are once again forced to consider actions to maintain operations while protecting the health, safety and welfare of their employees. Some are considering policies that require all employees physically entering the workplace to be vaccinated for COVID-19. Is this legal?

According to the Equal Employment Opportunity Commission, federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19. However, the EEOC stresses that it must be done in a manner that does not violate the reasonable accommodation provisions of Title VII of the Civil Rights Act and the Americans with Disabilities Act.

These laws may require an employer to provide reasonable accommodations for employees who do not get vaccinated for COVID-19 because of a disability or a sincerely held religious belief, practice or observance. Reasonable accommodations may include requiring an unvaccinated employee entering the workplace to wear a face mask, maintain social distance from others, work a modified shift, get periodic COVID-19 tests or be given the opportunity to telework. A reasonable accommodation, however, is not required if would pose an undue hardship on business operations. Courts define “undue hardship” under Title VII as having more than minimal cost or burden on the employer. This is an easier standard for employers to meet than the ADA’s undue hardship standard, which generally requires significant difficulty or expense.

The EEOC cautions that as with any employment policy, employers must ensure that their vaccine requirement does not have a disparate impact on employees based on a protected characteristic (race, color, religion, disability, etc.). Policies that disproportionately impact or exclude employees because of these characteristics are discriminatory and unlawful. The EEOC urges employers to recognize that some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others. As a result, some employees may be more likely to be negatively impacted by a vaccination requirement.

Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety. Employers should also carry Employment Practices Liability Insurance to cover the high cost of defending against claims of unlawful conduct.

Please contact us if you would like to learn more about Employment Practices Liability Insurance.

What Does it Mean to be Fully Vaccinated Against COVID-19?

In the United States, nearly 2.5 million doses of the COVID-19 vaccine are being administered every day. More than 40 million Americans have been fully vaccinated against COVID-19. People are considered fully vaccinated two weeks after receiving a single-dose vaccine (Johnson & Johnson) or two weeks after their second dose in a 2-dose series (Pfizer or Moderna). According to the Centers for Disease Control and Prevention, fully vaccinated people can start doing some of the things they stopped doing because of COVID-19.

People who have been fully vaccinated:

  • can gather indoors with other fully vaccinated people without wearing a mask;
  • can gather indoors with unvaccinated people from one other household without masks, unless anyone has an increased risk of severe illness from COVID-19; and
  • do not need to quarantine or get tested if they are exposed to someone with COVID-19 yet remain symptom-free. (The CDC recommends that people living in a group setting should still isolate for 14 days and get tested, even those without symptoms.)

More must be learned about the COVID-19 vaccine, so for now, the CDC recommends that fully vaccinated people should still take precautions (masks, social distancing, etc.) when in public, when gathering with unvaccinated people from more than one other household or when visiting with an unvaccinated person who is at increased risk of severe illness or death from COVID-19 or who lives with someone else who is. According to the CDC, fully vaccinated people should also:

The CDC will continue to update its recommendations as more is learned about the COVID-19 vaccines. In the meantime, the CDC is urging everyone, including those who are fully vaccinated, to continue taking precautions when recommended.

Identity Theft Alert: FBI, HHS Warn of Emerging Fraud Schemes Involving COVID-19 Vaccines

Cyber criminals routinely incorporate the “crisis-du-jour” into scams to increase their likelihood of success. COVID-19, it seems, is no exception. In a single week, Google saw 18 million coronavirus-related malware and phishing emails…per day! It’s gotten so bad that the Federal Bureau of Investigation, the Department of Health and Human Services and the Centers for Medicare & Medicaid Services found it necessary to warn the public about emerging fraud schemes related to COVID-19, particularly those involving COVID-19 vaccines.

According to the HHS Office of Inspector General, criminals are using calls, text messages, social media and even door-to-door visits to perpetrate their crimes. They offer vaccine-related benefits in exchange for personal information. HHS warns, however, that these benefits are unapproved and illegitimate and that scammers use your personal information to fraudulently bill federal health care programs and commit medical identity theft.

To protect against these schemes, authorities urge everyone to be on the lookout for potential indicators of fraud, including the following.

  • Advertisements or offers for early access to a vaccine upon payment of a deposit or fee.
  • Requests for cash payments to get vaccinated or to be put on a COVID-19 vaccine waiting list.
  • Offers to undergo additional medical testing or procedures when obtaining a vaccine.
  • Offers to sell or ship doses of a vaccine (domestically or internationally) in exchange for payment of a deposit or fee.
  • Unsolicited emails, texts, calls or personal contact from someone claiming to be from a medical office, insurance company or COVID-19 vaccine center requesting personal or medical information to determine eligibility to participate in clinical vaccine trials or obtain the vaccine.
  • Claims of FDA approval for a vaccine that cannot be verified.
  • Advertisements for vaccines through social media, email, phone, texts, online or from unsolicited or unknown sources.
  • Individuals contacting you in person, by phone or by email to tell you the government requires you to receive a COVID-19 vaccine.

Cyber criminals are nothing if not creative. They are constantly hatching new schemes to stay a step ahead of the authorities. Fortunately, HHS offers a simple, yet effective tip for protecting you and your family from cyber criminals and identity thieves—do not share your personal information with those who are unknown or unsolicited.

When preventative measures fail, insurance is available to help victims through the expensive and time-consuming process of recovery. Please contact us if you would like more information about insurance specifically designed to protect against identity theft.