Founding Partner, Michelle Foster, Interviewed by Daily Business Review: How Are Lawyers Responding to Vaccination Requirements During the Hiring Process?
/How Are Lawyers Responding to Vaccination Requirements During the Hiring Process?
Recent trends are making vaccination status increasingly prominent during hiring procedures. Employers across the country are including vaccination requirements in their job descriptions.
The Majority of Lawyers Support Vaccination Mandates
Currently, lawyers are responding favorably to job descriptions requiring applicants to be fully vaccinated against the coronavirus. The legal industry, as a whole, is generally pro-vaccine in order to protect the health and well being of their employees. Law firm leadership has taken the stance that employees should be vaccinated, barring medical or religious exemptions.
As law firms are beginning to interview candidates in the office once more, they are committed to being inclusive during the hiring process but also to keeping their employees safe. Most offices in our region are requiring job seekers, along with everyone else entering the office, to fill out questionnaires and show vaccination cards.
Avoiding Discrimination When Screening Resumes for Vaccination Status
Vaccine mandates are legal, but lawyers still advise employers to use caution when screening for vaccination status during the hiring process. Employers may be discriminating if they are making hiring decisions based solely on this requirement.
Federal protections exist for groups with disabilities or sincerely-held religious beliefs. Some applicants may have declined the vaccine for entirely legitimate reasons. While discrimination in these cases is challenging to prove, ruling out candidates based on vaccine status alone may cause employers to miss out on valuable hires.
According to the Americans with Disabilities Act (ADA), employers cannot ask applicants questions pertaining to disabilities. Collecting information about disability or religious beliefs could prove problematic for employers. If employers need to know a potential employee’s vaccination status, a simple yes or no question is recommended.
Reasonable Accommodations for Unvaccinated Candidates
Employers can legally mandate vaccine requirements, but ADA and Title VII of the Civil Rights Act require employers to make accommodations for applicants with disabilities or sincerely-held religious beliefs. Employers who want to ensure safety in their workplaces by requiring vaccinations for all employees and job seekers can still accomplish this while offering reasonable accommodations. For example, many employers allow employees to submit to regular COVID-19 testing.
Law firms, in general, are opening their offices again, and most lawyers are returning to at least part-time in-office work. Things are slowly beginning to move toward pre-COVID normalcy, but vaccine mandates are here to stay. Legislation surrounding vaccination status in the workplace is evolving, so lawyers advise employers to keep up-to-date with current regulations and requirements.