In early August 2021, the California Department of Public Health announced an order that would require those working (both paid and unpaid) in indoor settings of healthcare facility services to have their first dose of a one-dose Covid-19 regimen or second dose of a two-dose regimen by September 30, 2021.
Whether you work in the healthcare industry or not, while California state and federal laws allow employers to mandate vaccines and terminate your job if you refuse, there is protection for employees under qualifying medical or religious exemptions, thanks to the Americans with Disabilities Act, Title VII of the Civil Rights Act, and Equal Employment Opportunity laws.
To sift through the legal intricacies of a potential wrongful termination lawsuit, you can rely on our experienced attorneys at The Kaufman Law Firm to help you through this trying time.
If an employer encourages or mandates a COVID-19 vaccination, they cannot fire you if you have a disability.
According to the ADA’s Disability Accommodation, employers are allowed to make sure there is a workplace policy in place that requires employees do not to pose a direct threat to others’ health and safety, and must still be able to perform job duties with reasonable accommodation. A disability, however, may hinder your ability to get a COVID-19 vaccination.
To fire you because of this disability, legally, your employer needs to prove that you pose a significant risk to your co-workers’ health and safety. The employee, on the other hand, will need to prove their medical exemption from vaccination because of this disability, which would include medical reports and referrals from a certified physician. The employee may also need to be tested on a weekly basis and have a negative test before coming to work.
A religious exemption from a COVID-19 vaccination for employees can, legally, be quite complicated, but it is possible.
According to Title VII, employers must accommodate workers’ sincerely held religious beliefs. Employees are able to prove this by way of a letter submitted by their priest or religious leader. However, if the religious accommodations are more than a minimal burden to the company, the religious exemption may not be approved, and the employee may not be permitted to enter the building or be fired.
If your employment has been terminated because of this, our legal team is prepared to fight for your employment, vaccination, and religious rights.
Here at The Kaufman Law Firm, our employment attorneys have been protecting the rights of workers throughout California since 1993. It is important, especially in these unprecedented times, that employees be treated fairly by their employers.
If you feel you have been wrongfully terminated because of your refusal to be vaccinated, contact us today for a free consultation and we will discuss all the details of your employment situation to determine the best strategy that will protect your rights.
Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our Westlake Village or Los Angeles law office today and schedule an initial consultation to discuss your case.