COVID-19 COMMUNITY RESOURCE GUIDE
Can private employers require vaccinations for COVID-19? FROM THE OHIO BAR ASSOCIATION
the Americans with Disabilities Act (ADA) personal protective equipment or allowing an employee to work remotely while other any frontline workers and at-risk in- and the Ohio Civil Rights Act. employees go back to the office. If remote dividuals will be receiving a COV- Accommodation and privacy Employees with a sincerely held religious work is not feasible, then the employee ID-19 vaccine during the coming months. The question on employers’ and employees’ belief, practice or observance that equates could be reassigned to a less populated minds alike is whether employers can require to that of traditional religious views may re- worksite. Employers may inform the unvacquest that an employer provide a reasonable cinated employee that if the employee wishtheir employees to receive the vaccine. Recent Equal Employment Opportu- accommodation for the employee’s religious es to attend in-person work events – such as nity Commission (EEOC) guidance says practice. Additionally, employees who have holiday parties or social outings – then the yes, employers can require their employees established a disability, as defined by the unvaccinated employee will have to continto receive the COVID-19 vaccine. How- ADA and the Ohio Civil Rights Act, can re- ue wearing a mask, remain socially distanced ever, employers must make exceptions for quest a reasonable accommodation in order and may have to eat separately from their coworkers to minimize potential exposure. employees’ religious and disability accom- to avoid receiving the COVID-19 vaccine. Employers may request proof of a disabilExamples of reasonable accommodations modations in accordance with Title VII of ity through a doctor’s note, prescription or the Civil Rights Act of 1964 (Title VII), include providing masks, gloves and other
M
Specialist to aid Public Library’s social-service outreach
T
he Public Library of Youngstown and Mahoning County has hired Jim Young as community support specialist, a position that will enable the Library to better serve patrons with needs in social service and mental-health areas. Young holds a master’s degree in social work from Youngstown State University and a bachelor’s degree in criminal justice. He has been a licensed independent social worker since 2018. “We are pleased to have someone so wellqualified on staff to connect people needing social services with community resources that may best be able to help,” said Library Executive Director Aimee Fifarek. “We recognize that many people in our community are struggling with issues beyond library service expertise, such as homelessness, addictions, depression and more. Mr. Young comes to the Library with an abundance of experience and will be available link our patrons to the type of help they need.” “I have a very diverse background and my social work experience gave me quite a few contacts in Mahoning County. ... I see my principal role as acting as a link between our patrons and the community resources they may not know about,” said Jim Young. Young’s work experience includes: clinical director of residential treatment/therapist for Youth Intensive Services; medical social worker and clinical therapist for Grace Hospice; IFAST (Integrative Family Systems Treatment) therapist for PsyCare; medicalsocial worker for Prime Healthcare; and a
health insurance record. Once an employee requests an accommodation, an employer should document it in the employee’s personnel file and then engage in an interactive process to determine if a reasonable accommodation is feasible and does not pose an “undue hardship” for the employer. Undue hardship may occur if, for instance, an unvaccinated employee must be in contact with others for their work. Political beliefs regarding the vaccine are not a sufficient reason to request an accommodation. Current EEOC guidance states that employers who mandate that their employees receive a vaccine may prohibit unvaccinated employees from entering the workplace if all reasonable accommodations would not reduce or eliminate the risk of unvaccinated employees exposing other employees to the virus. With or without implementing a vaccine mandate, employers can ask employees to provide proof of their vaccination as long as it does not contain any other medical information. Any information collected regarding vaccinations should be treated as confidential. An employer may encourage its employees to receive a vaccine by covering the cost or offering incentives. How an attorney can help
PUBLIC LIBRARY OF YOUNGSTOWN AND MAHONING COUNTY
Jim Young, the Public Library’s new community-support specialist, is pictured with his two therapy dogs, Katie (left) and Kirby.
specialist in the Disabled Veterans’ Outreach Program at Ohio Department of Jobs and Family Services. In his work, Young has combined social services with his love of animals. He has two licensed therapy dogs, Katie and Kirby, which he sometimes incorporates into his work. Young said the animals have helped with clients who may have been fearful or had issues expressing themselves. “I learned that therapy dogs open doors.” “I started researching therapy dogs when
I was in grad school at Youngstown State University. I knew the benefits of people having service animals and I thought it would be unique to provide that type of intense therapy using dogs. It is a relatively new field but is growing in popularity because of the immense benefits,” Young said. Patrons can contact Young at 330-7448636 or they can call a librarian, who will connect them. “I want to be busy. I want to help people, so come and see me,” Young said.
An employer should balance employee relations and workplace culture when considering whether to mandate that employees receive a vaccine. If an employee requests an accommodation in order to forego a vaccine, the employer should take the time to evaluate and consider the request on a case-by-case basis. Applicable laws, regulations and guidance are ever-changing regarding this issue. An experienced employment law attorney can help both employees and employers navigate these issues as they stay up to date regarding the changing landscape of COVID-19 laws. About the author – Jade Robinson is an attorney with Faruki PLL in Cincinnati. Her practice focuses on employment law, business and complex commercial litigation matters and contractual disputes. “Law You Can Use” is a consumer legal information column provided by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.
METRO MONTHLY FEBRUARY/MARCH 2021 33
