MORE
MORE COMPANIES ARE STARTING TO ANNOUNCE THEIR RETURN TO WORK PLANS AND ANNOUNCING HOW
THEY'LL BE HANDLING VACCINES.
JUST THIS WEEK THE NFL SAID
THEY PLAN TO RESTRICT EMPLOYEES
WHO REFUSE COVID-19 VACCINES
WITHOUT MEDICAL OR RELIGIOUS
REASONS. SO WHAT DOES THAT MEAN
FOR YOU AND YOUR JOB?
EMPLOYMENT ATTORNEY JAMIE
WRIGHT JOINING US THIS MORNING
TO ANSWER SOME OF YOUR
QUESTIONS. THANKS SO MUCH FOR
BEING HERE, JAMIE. THANK YOU SO
MUCH FOR YOUR TIME THIS
MORNING. LOOK AT SOMEONE WHO
COVERS THIS DAILY. I KEEP
HEARING ABOUT THIS COMPANY AND
THAT COMPANY'S PLANS FOR
EMPLOYEES REGARDING VACCINES
ALSO WHAT'S REQUIRED TO GET
INTO SPORTING EVENTS SO LET'S
JUST START WITH THIS CAN A
COMPANY REQUIRE ITS EMPLOYEES
TO GET COVID VACCINE? THE
ANSWER IS YES WITH CERTAIN
EXCEPTIONS HERE IN CALIFORNIA,
THE DEPARTMENT OF FAIR
EMPLOYMENT AND HOUSING SAYS
THAT YOU CAN AS LONG AS YOU
DON'T DISCRIMINATE AGAINST THAT
EMPLOYEE BASED ON PROTECTED
CATEGORIES THAT ARE STATED IN
THE LAW AND ADA DISABILITY AND
OR RELIGIOUS HELD BELIEFS. SO
THE ANSWER IS YES WITH THOSE
EXCEPTIONS AND WHEN IT COMES TO
THE RELIGIOUS HELD BELIEFS, YOU
JUST HAVE TO SAY SIMPLY PUT FOR
RELIGIOUS REASONS I DON'T WANT
IT OR YOU HAVE TO SHOW ANY
PROOF OR HOW DOES THAT KIND
OF WORK? IT'S A SLIGHTLY
HEIGHTENED STANDARD. IT HAS TO
BE A SINCERELY HELD RELIGIOUS
BELIEF AND LET THE CASE LAW
SAYS IS THAT THE OVER TIME THIS
HAS BEEN YOUR BELIEF YOU
ACTIVELY PRACTICE IN THIS FAITH
AND THERE'S SOME FORM
OF DOCUMENTATION THAT YOU CAN
PROVIDE THAT SAY YOU'RE MEMBER
OF A CHURCH OR MOSQUE, A
SYNAGOGUE TO PROVE THAT THIS IS
YOUR SINCERELY HELD BELIEF IN
YOUR NOT JUST USING IT TO GET
AN EXEMPTION FROM THE
VACCINATES. IS THAT KIND OF THE
SAME STANDARD THEN WHEN IT
COMES TO THE MEDICAL EXEMPTIONS
?EXACTLY. YOU HAVE TO HAVE A
DOCUMENTED MEDICAL CONDITION
THAT PREVENTS YOU FROM GETTING
A VACCINATION AND THAT WOULD BE
THE SAME AS SAY YOU WERE ASKING
FOR A PROTECTED LEAVE UNDER
FMLA FROM YOUR JOB. WHAT ABOUT
WHEN IT COMES TO COWORKERS? I
MEAN SOME PEOPLE LIKE TO KEEP
THIS A LOT OF PEOPLE LIKE TO
KEEP THEIR MEDICAL INFORMATION
PRIVATE. I MEAN CAN CAN AN
EMPLOYER REVEAL MY VACCINE
STATUS TO OTHER COWORKERS? ARE
THERE ANY LEGALITIES INVOLVED
WITH THAT? NO, ABSOLUTELY NOT.
THAT WOULD BE A VIOLATION AND
CALIFORNIA HAS REALLY TIGHTLY
HELD PRIVACY RIGHTS FOR YOU AS
THE EMPLOYEE. SO THEY COULD NOT
REVEAL THAT INFORMATION TO
COWORKERS. THE ONLY THING THAT
SOMEONE CAN DO IN THE WORKPLACE
IS STATE GENERALLY BECAUSE OSHA
REQUIRES THAT TO DO IS IF SAY
FOR INSTANCE THERE IS AN
OUTBREAK OF IT IN YOUR JOB THEY
CAN. THEY HAVE TO GIVE EVERYONE
IN THE WORKPLACE NOTICE THAT
SOMEONE HAS CONTRACTED COVID
BUT IT WOULD NEVER BE YOUR NAME
IF SOMEONE IS OUT THERE THAT
SAYS LOOK, I I JUST I'M
REFUSING MY EMPLOYERS DEMANDS
TO GET VACCINATED, I'M JUST
AGAINST IT. WHAT COULD HAPPEN
TO THE EMPLOYEE? THEY COULD BE
SUBJECTED TO TERMINATION UNLESS
THEY HAVE ONE OF THOSE
EXCEPTIONS TO THE LAW IF YOU IF
YOU DON'T HAVE A DISABILITY
SINCERELY HELD RELIGIOUS BELIEF
OR IF YOU FIND THAT YOUR
EMPLOYER IS DISCRIMINATING
AGAINST YOU BASED ON SOME OTHER
PROTECTED CATEGORY PROTECTED
CATEGORY ME RACE NATIONAL
ORIGIN, SEXUAL SEXUAL
ORIENTATION, GENDER IDENTITY
THEN MAYBE YOU CAN STOP IT AT
THAT WAY. BUT IF THERE'S NONE
OF THAT THEN UNFORTUNATELY
MIGHT BE SUBJECT TO TERMINATION
BECAUSE THE EMPLOYER HAS THE
RIGHT TO MANDATE IT. LOOK, I'VE
HEARD SOME PEOPLE THAT HAVE HAD
ADVERSE REACTIONS TO THE
VACCINE AND POTENTIALLY JUST A
HYPOTHETICAL HERE IF THERE'S A
AN EMPLOYEE THAT DIDN'T WANT TO
TAKE IT BUT HAS TO RETURN TO
WORK AND THEY HAVE AN ADVERSE
REACTION I MEAN CAN SOMETHING
LIKE THIS LEAD TO A POTENTIAL
LAWSUIT? IT CAN BE ANYTHING CAN
LEAD TO A LAWSUIT. THE THING
THAT YOU WOULD HAVE TO PROVE
CAUSATION. YOU WOULD HAVE TO
PROVE THAT THERE'S A DIRECT
CAUSE BETWEEN THE EMPLOYER
MANDATING GIVING THIS VACCINE
AND HAVING THE ADVERSE REACTION
.WHAT WOULD LIKELY HAPPEN IS
YOU WOULD TRY TO TAKE UP THIS
CAUSE OF YOU HAVING AN ADVERSE
REACTION TO THE VACCINE COURT.
WOULD YOU DO THIS AND OR A
STATE AND OR FEDERAL COURT
AGAINST THE VACCINE MAKER?
HOWEVER, BECAUSE THERE'S SO
MANY DESCRIPTIONS OF THESE ARE
THE POTENTIAL REACTIONS OR
ADVERSE IMPACT OF THE VACCINE
THAT MIGHT BE REALLY HARD TO
PROVE. THERE MIGHT BE A SMALL
BUSINESS OWNER THERE OUT THERE
RIGHT NOW OR POTENTIALLY A
LARGE CEO OF A COMPANY THAT'S
LISTENING TO THIS. IT'S GETTING
READY TO INVITE PEOPLE BACK
INTO THE WORKPLACE AND THEY'RE
NOT QUITE SURE HOW TO HANDLE
THIS WHOLE VACCINE ISSUE. WHAT
IS SOME GUIDANCE, SOME
SUGGESTIONS THAT YOU MIGHT HAVE
ON HOW TO HAVE THAT THAT
CONSTRUCTIVE DIALOG? WELL, THE
FIRST THING I ALWAYS RECOMMEND
TO PEOPLE IS HAVE I EXPERIENCED
EMPLOYMENT LAW COUNCIL ON YOUR
TEAM? THAT'S A VERY IMPORTANT
PERSON TO HAVE. THE OTHER THING
IS I WOULD CONSIDER CHECKING
WITH THE DEPARTMENT
OF EMPLOYMENT AND HOUSING, THE
EEOC TO SEE WHAT THE LAW
ACTUALLY SAYS AND THEN SENDING
OUT NOTICES TO YOUR EMPLOYEES
IN ADVANCE OF WHAT THE POLICY
WILL BE REGARDING VACCINATIONS
AND THEN TO REALLY ENGAGE WITH
YOUR TEAM AND YOUR RELATIONS
TEAM TO TALK TO EMPLOYEES,
ANYONE HAVE ANY CONCERNS ABOUT
THE VACCINATION? COME TALK TO
US, HAVE AN OPEN DIALOG AROUND
IT. ANY EXPLANATIONS, ANY
CONCERNS? HAVE A PRIVATE
INSECURITY BASED SYSTEM WHERE
EMPLOYEES CAN GIVE YOU FEEDBACK
AND OR RECOMMENDATIONS OR
CONCERNS THAT THEY HAVE WORDS
PROTECTED. THAT WAS MY NEXT
QUESTION. IF YOU'RE AN EMPLOYEE
AND YOU HAVE SOME CONCERNS,
YOU'RE BACK IN THE WORKPLACE
AND THEY'RE STARTING TO DISCUSS
THE VACCINE. YOU JUST GO TO
H.R. WITH YOUR CONCERNS. YOU
JUST TALK TO THE COMPANY
PRESIDENT. WHAT'S YOUR NEXT
STEPS THERE? I WOULD GO TO
HUMAN RESOURCES IF YOU FEEL
LIKE YOU ARE BEING
DISCRIMINATED AGAINST BASED ON
A PROTECTED CATEGORY, A
DISABILITY OR SINCERELY HELD
RELIGIOUS BELIEF, YOU CAN FILE
A CLAIM WITH THE DEPARTMENT
OF FAIR EMPLOYMENT AND HOUSING.
YOU CAN ALSO REACH OUT TO
EMPLOYMENT COUNSEL ON THE
PLAINTIFF SIDE OF SOME REALLY
GOOD ONES AND THEY CAN TALK YOU
THROUGH WHAT YOUR OPTIONS ARE.
BUT IF YOU DON'T WANT TO GO THE
LEGAL ROUTE, IT'S BEST TO TALK
TO HUMAN RELATIONS OR HUMAN
RESOURCES IN YOUR COMPANY AND
SEE IF YOU CAN START THE
INTERACTIVE PROCESS TO SEE IF
YOU ARE ELIGIBLE FOR AN
ACCOMMODATION FROM THIS VACCINE
.IF PEOPLE HAVE ANY MORE
QUESTIONS THEY CAN ALSO REACH
OUT TO YOU AS WELL. WHAT'S A
GREAT WAY TO CONTACT YOU?
ABSOLUTELY. I'M VERY EASY TO
FIND. IT'S JAMIE, RIGHT? IT'S
CUTE DOTCOM. IT'S VERY EASY AND
OR THEY CAN CALL ME AT EIGHT
SIX SIX SEVEN THREE ONE SEVEN