Business

Yes, your employer can require you to receive a COVID-19 vaccine

Aside from a couple of exceptions, federal and state law allow private businesses to required COVID-19 vaccination, according to two Raleigh attorneys.

Posted Updated

By
Joe Fisher
, WRAL reporter
RALEIGH, N.C. — Cooper said he wants businesses to verify vaccinations. But some businesses have taken it a step further and required employees to get the vaccine.

Aside from a couple of exceptions, federal and state laws allow private businesses to require COVID-19 vaccination, according to two Raleigh attorneys.

Cooper's latest executive order gives authority to cabinet-level state agencies to require proof of vaccination, meaning that employees have to show their vaccine cards by Sep. 1.

If they are not vaccinated, state employees in those agencies will be required to wear masks and be tested for the virus at least once a week.

The new vaccine-or-mask rules will affect most state agencies, but not university or community college campuses or state offices headed by other members of the Council of State, such as the Department of Agriculture and Consumer Services or the Department of Public Instruction.

Lawyers said, in general, employers do have the authority to require vaccinations.

There are exceptions that must be made for people with disabilities or sincerely held religious beliefs.

"[An employer] can say get vaccinated or lose your job," said attorney Daniel Meier. "It can be a condition of your employment."

But that is not what the governor is asking of state agencies. Instead, he’s keeping vaccination voluntary but putting in place some additional requirements for the unvaccinated.

"They are saying, 'We want to require it, but I don't want to turn this real political and get the General Assembly all upset.' So, we are just saying you can still work and do your thing, you just need to get tested weekly and make sure you are not asymptomatic. That's a fairly minimal requirement for someone that chooses not to get vaccinated and completely legal," Meier said.

Cooper said on Thursday that he supports businesses going a step furthering and requiring vaccination as a condition of employment, which is legal.

A number of bills prohibiting vaccine requirements have been filed in the state House. Only one bill has passed, but the state Senate has not acted on it.

To avoid liability issues, employment attorney Lauren Noble suggests businesses offer incentives over a mandate, "where they offer additional paid time off or they offer a bonus or gift card for their employees who are vaccinated."

Noble added that many people have personal reasons and general anxiety about getting the vaccine. She said those are likely not covered under any of the disability exemptions.

 Credits 

Copyright 2024 by Capitol Broadcasting Company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.