How much do you know about summer workplace fun in ‘21? Take our quiz and find out.
No. 1: You are the HR Manager for Strict Company, which is requiring all employees to be vaccinated for COVID-19 before they can return to the worksite.
Four employees refuse: Leonard, because his doctor advised that the vaccine may be harmful due to Leonard’s autoimmune disorder; Lawrence who believes the vaccine will change his DNA; Lloyd, who believes that the vaccine is made with cells from aborted fetuses and getting the vaccine will violate his religious beliefs; and Louie, a healthy 65-year-old who is afraid that the vaccine will be “too hard on an old fella.”
Assuming only federal law applies, if the CEO wants to fire all four if you can do so legally, which of these may you have to retain
A. Leonard, Lloyd and Louie, because disabilities, religion and age are all protected categories under federal law.
B. Lawrence and Lloyd, because they both have sincere objections to getting the vaccine.
C. Leonard and Lloyd, because their reasons are protected under federal law.
D. None. You can fire them all.
ANSWER: C. While age is a protected category under federal law, refusing to be vaccinated because of age is not protected. Religion and disability (and, to some extent, pregnancy) are the only protected reasons to refuse. So, for Leonard and Lloyd, the employer will have to at least attempt in good faith to accommodate their refusals.
No. 2: You are the HR Manager for Togetherness Inc. Your workforce has been at home for the past year. Everyone is mandated to return to the office starting July 1. Most employees seem willing to return, but you have three holdouts. Which of the following might you have to accommodate?
A. Lulu, who has an autoimmune disorder and can’t be vaccinated, and her doctor is recommending that she continue to work from home.
B. Lee Ann, who has a sincerely held belief that she prefers working from home because it’s quieter and more comfy there, plus she saves a bundle on gas.
C. Lela, who has bipolar disorder, which makes her genuinely stressed out about returning to the workplace.
ANSWER: A and C. Lulu and Lela have legitimate medical conditions that preclude them from coming to the office. The employer should let them continue to work from home, or consider other reasonable accommodations.
Tammy C. Woolley is Senior Counsel at the Opelika, Alabama, office of Constangy, Brooks, Smith & Prophete, LLP, and can be contacted at twoolley@constangy.com.
