Maine Employers May Require Covid-19 Vaccinations

According to evidence cited by the Washington Examiner, the answer is a probable yes.

The federal Equal Employment Opportunity Commission (EEOC) has released new instructions as to who can and cannot be required to accept a Covid-19 shot.

There is nothing in Maine or federal law that expressly prevents employers from requiring employees to be vaccinated as a condition of employment. However, the ability to require vaccination is subject to the employer’s duties under anti-discrimination laws and OHSA.

Jim Erwin. A Portland-based attorney who is a partner leading Pierce Atwood’s Employment Group

The report states, if an employee is working from home or otherwise isolated from other people, then the risk of COVID-19 transmission is no longer a direct threat, and the employer must accommodate the employee, Erwin said. But if they’re coming into contact with the public, the employer likely wouldn’t have to make such an accommodation.

The EEOC guidelines could still change depending on how the COVID-19 virus threat changes, Erwin said.

For example, there is no finding by the EEOC that the ordinary flu is a direct threat, so there is a greater duty to accommodate medical and religious objections to the flu vaccine,” Erwin said. “Also, if and when employers decide to allow fewer employees to work from home, we may see more conflict around this issue.

Jim Erwin

Erwin points out that the employer has the power to terminate any employee if that individual works around others and chooses to refuse a vaccine. He also reminds employers that there are ‘good reasons to consider how necessary such a policy is’ – to mandate a vaccine.

Your type of business, your workplace culture and how well your employees are complying with your infectious disease prevention rules (distancing, handwashing, mask wearing, etc.) are important factors in deciding whether you really need to make vaccinations mandatory. A healthcare facility, a food service business, or manufacturing facility where people are in close contact and are hands on might lead to a different decision from an office environment.

Maine’s governor Janet Mills have recently passed new legislation for additional groups to receive the vaccine; but according to Greg Dugal, director of government affairs with HospitalityMaine, this legislation needs further clarification.

We would really like to hear from the Maine [Center for Disease Control] that hospitality workers are on the list of employees that can be vaccinated in phase 1B, right alongside or after grocery workers. It is critical that we know where we stand on the list of when we would get the vaccine so that restaurant and lodging employers that have been receiving guests all along can protect their forward-facing employees.

They are, after all, one of the only group of workers that have to face unmasked customers in their work space as the patrons consume their food. [Employers] would love to have their employees vaccinated, if they so desire, ASAP.

Greg Dugal

Dugal also says employers can urge for more protections amid the pandemic.

The Legislature should pass some kind of Covid liability immunity bill that acknowledges businesses for taking care of their employees and customers throughout this pandemic and helps to minimize their risk if they follow all required protocols. This would provide them with some certainty in a very uncertain world both personally and professionally. Hospitality businesses have suffered more than any other industry throughout this pandemic and it is nowhere near over.

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AUTHOR COMMENTARY

[1] Woe unto them that decree unrighteous decrees, and that write grievousness which they have prescribed; [2] To turn aside the needy from judgment, and to take away the right from the poor of my people, that widows may be their prey, and that they may rob the fatherless! [3] And what will ye do in the day of visitation, and in the desolation which shall come from far? to whom will ye flee for help? and where will ye leave your glory? [4] Without me they shall bow down under the prisoners, and they shall fall under the slain. For all this his anger is not turned away, but his hand is stretched out still.

Isaiah 10:1-4

[1] A Psalm of David. Plead my cause, O LORD, with them that strive with me: fight against them that fight against me. [2] Take hold of shield and buckler, and stand up for mine help. [3] Draw out also the spear, and stop the way against them that persecute me: say unto my soul, I am thy salvation. [4] Let them be confounded and put to shame that seek after my soul: let them be turned back and brought to confusion that devise my hurt. [5] Let them be as chaff before the wind: and let the angel of the LORD chase them. [6] Let their way be dark and slippery: and let the angel of the LORD persecute them. [7] For without cause have they hid for me their net in a pit, which without cause they have digged for my soul. [8] Let destruction come upon him at unawares; and let his net that he hath hid catch himself: into that very destruction let him fall. [9] And my soul shall be joyful in the LORD: it shall rejoice in his salvation. [10] All my bones shall say, LORD, who is like unto thee, which deliverest the poor from him that is too strong for him, yea, the poor and the needy from him that spoileth him?

Psalms 35:1-10

49 other states and U.S. territories all face the same eventual reality.

I really hope you have been praying against these wicked rulers in authority. We may not be able to outright stop all this madness, but we can pray to the Lord that he fight for us and that he provide for us all.

Soon these news reports will no longer just be “news,” but actual reality: that you will be faced with. Take the vaccine and ruin my health, or the high probability losing your job or be demoted.

[5] Let your conversation be without covetousness; and be content with such things as ye have: for he hath said, I will never leave thee, nor forsake thee. [6] So that we may boldly say, The Lord is my helper, and I will not fear what man shall do unto me.

Hebrews 13:5-6

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