Since Monday, July 12, anyone entering Morgan Stanley’s New York buildings, whether thousands of bank employees or spectators, must testify to their honor that they have been vaccinated. An exception, according to the financial institution ” A way to return to normal working conditions », Without mask, or without remote or alternative table.
It was not only the bank that took such a step: the airline Delta imposes its new hires on the New York department store Socks, but also on luxury restaurants, hospitals and universities. Now their employees should be vaccinated to come to work.
AL analysis. Govt-19: Vaccination duty for all, next phase?
The procedure is legal. The EEOC (Equal Employment Opportunity Commission), a federal agency against discrimination in the workplace, points out that such discrimination is impartial and can be imposed as long as the information collected is confidential.
First the 1905 Supreme Court judgment
Unless vaccinated for religious or medical reasons, the employer must provide “Fair accommodation” Duty to the employee (wearing a mask, maintaining social distance, distance work, etc.), the company specifies.
In Morgan Stanley, more than 90% of employees are fully vaccinated according to the company, and those who are not notified will have to work from home. “Yesterday, staff promotions took into account a number of factors, such as the ability to work long hours or team spirit. Tomorrow, the decision to stay home and not be vaccinated will be part of it.”, Predicted by Eric Feldman, a law professor at the University of Pennsylvania.
Vaccination duties are not new in the United States. They are already in hospitals and public schools, especially for flu-like viruses. This is the result of a Supreme Court ruling since 1905 that ruled that states have the right to vaccinate their people in the face of smallpox.
“Private sector litigation risk is low”, Eric Feldman estimates that in June, 117 employees of a hospital in Houston (Texas) reported a definite dismissal of the complaint. The latter were suspended for refusing to receive the vaccines they considered “Test” And insecure.
However, in the U.S. federal millet, companies must also take into account the rules issued by the states. However, 85 legislative proposals filed by elected Republicans in about fifteen states (Florida, Texas, Montana) aim to limit the possibility of employers dismissing or recruiting on the basis of vaccine status.
Potential conflicts can also arise from difficulties in accessing the vaccine, especially for poor workers who are unable to make a medical appointment due to lack of internet connection. “Vaccination duties only work if vaccines are easily accessible”, Summarizes Eric Feltman, however, believes in the availability of quantities “A problem less and less”.
Eager to avoid any headaches, many companies want to set up incentives for the vaccine: paid holidays, bonuses, vouchers, and so on. This procedure is legal unless there is an incentive “Substantial” To the state of being Forced. “The biggest incentive may feel like putting pressure on employees to disclose protected medical information.”, According to the EEOC. A real balancing act …