Many businesses have developed policies on providing reasonable accommodations to employees who refuse to get a COVID-19 vaccine for religious or disability-related reasons. Employers shouldn’t forget that fully vaccinated workers may need accommodations, too.Although there appears to be a light at the end of the tunnel for the COVID-19 pandemic in the U.S., employers still need to tread cautiously before trying to have their operations return to normal.Employers must handle reasonable-accommodation requests from fully vaccinated employees in accordance with the Americans with Disabilities Act (ADA).
Just because an employee is vaccinated, it really does not change the requirement for an employer to engage in the interactive process with an employee to determine if the employee has a condition that qualifies as a disability under the ADA and whether a reasonable accommodation is needed to assist the employee in being able to perform the essential functions of the job.
Some fully vaccinated workers may still need accommodations. Although current medical information suggests the chances are very low for a fully vaccinated individual to experience adverse effects from COVID-19, it is still possible that the individual could have severe health consequences.
The COVID-19 Vaccine may not offer some people who are immunocompromised the same measure of protection as it does to other vaccinated people. Employees with mental health conditions, such as anxiety, post-traumatic stress disorder and obsessive-compulsive disorder, may need accommodations due to their fears related to COVID-19, even if they are fully vaccinated
Employers should engage in an interactive process to determine if there is a disability-related need for reasonable accommodation. Seek information from the employee’s health care provider—with the employee’s consent—explaining why an accommodation is needed. Then decide whether an accommodation is reasonable and will allow the employee to perform the essential job functions.
Employers have no obligation to provide reasonable accommodations, including telework arrangements, to employees who request such accommodations based on the disability-related needs of a family member.
Employers may not discriminate against or harass employees based on their association with a person who has a disability and are prohibited from asking employees medical questions about their family members.
Employers should note that an employee who is taking time off to care for a relative may be covered by other federal, state or local laws, such as FMLA and paid-sick-leave orders. Employers will need to assess whether requirements beyond the ADA apply before denying an employee’s accommodation request.
The general rule for employers is to ensure that all policies and procedures are uniformly enforced for all employees, unless a law requires an exception. Have one decision-maker handle all requests for accommodations which will ensure that accommodations are handled consistently which lowers the risk of disparate treatment of such request.
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