The California Department of Public Health issued an order in early August 2021 requiring persons working in indoor settings of healthcare facility services (both paid and unpaid) to receive their first dose of a one-dose Covid-19 regimen or second dose of a two-dose regimen by September 30, 2021.
While California state and federal laws allow employers to require vaccines and fire employees who refuse, employees with qualifying medical or religious exemptions are protected under the Americans with Disabilities Act, Title VII of the Civil Rights Act, and Equal Employment Opportunity laws, whether they work in the healthcare industry or not.
You may count on our experienced attorneys at PLBH to help you sort through the legal complexities of a potential wrongful termination complaint. Contact us now at (800) 435-7542 for a free legal consultation.
Can I be fired if I am disabled and do not want to be vaccinated?
If your company promotes or requires you to get vaccinated against COVID-19, you cannot be fired if you have a handicap. Employers are authorized to make sure there is a workplace policy in place that requires employees not to pose a direct threat to others’ health and safety, while still being able to execute job obligations with reasonable accommodation, according to the ADA’s Disability Accommodation.
However, if you have a handicap, you may be unable to receive a COVID-19 immunization. To terminate you due to your impairment, your employer must show that you represent a serious risk to the health and safety of your coworkers. The employee, on the other hand, will need to show that their impairment qualifies them for a medical exemption from vaccination, which will involve medical records and references from a qualified physician. Before reporting to work, the person may need to be tested on a weekly basis and have a negative test result.
Are vaccinations exempt for religious reasons?
Employees’ religious exemptions from the COVID-19 immunization might be difficult to get legally, but it is feasible. Employers are required under Title VII to accommodate employees’ sincere religious beliefs. Employees can show this by submitting a letter from their priest or religious leader.
If the religious accommodations impose a significant financial burden on the firm, the religious exemption may be denied, and the employee may be denied access to the facility or sacked. If your job has been terminated as a result of this, our legal team is ready to fight for your job, vaccine rights, and religious freedom.
Contact an attorney today
Our employment lawyers at PLBH fight for the rights of workers all around California. It is critical that employees are treated fairly by their employers, especially in these exceptional times. If you believe you were unlawfully dismissed due to your unwillingness to get vaccinated, call us now for a free consultation at (800) 435-7542. We will go over all of the circumstances of your work situation in order to identify the best strategy for protecting your rights.