As employees are returning to work and vaccines are becoming more available (all Oregonians over 16 will be eligible by July 1st according to Governor Brown), employers may start requiring vaccination.

Can an Employer Mandate Vaccination?
Generally, yes. Some exceptions exist for specific kinds of workers, contractual limitations, and protected categories.

Exempt Employees
Pre-COVID state law requires employers of healthcare workers to provide vaccination, at no cost, to at-risk employees. This same law states that the employer may not require vaccination as a condition of employment. Subject workers include not just healthcare workers but also firefighters and police.

Contractual Limitations
Unionized employees may have a collective bargaining agreement that prohibits mandatory workplace vaccination. Although less likely, individual employment agreements may also have such a prohibition.

Religious Convictions and Disability
Civil rights and disability laws require employers to consider requests for exemptions from employees with either a sincerely held religious conviction or a disability. Employers will need to determine whether a reasonable accommodation can be made. Accommodations creating an “undue hardship” on the business or a “direct threat” to the safety of others need not be given.

Bonus for Vaccination? No so Fast.
While an employer may want to provide a financial incentive to convince a worker to get vaccinated, it could trigger a discrimination claim. For instance, an employee who refuses vaccination due to a bona fide religious conviction could argue that the employee is being discriminated against and receiving unequal pay as a result of his/her religious convictions, or is being retaliated against for asserting his/her rights.