Legal Advice

We asked about firing an employee who isn't vaxxed. Clayton Wire, an employment attorney with Denver’s Ogborn Mihm, LLP, answered.

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Closeup of filling syringe with medicine from vial.
Taking a stand on employee vaccination? Be prepared to get creative with accommodations. / Copyright: belchonock

Q: Can you legally terminate an employee who isn’t vaccinated?

A: “The simple answer is yes, but the employer should have a clear policy that applies equally to everyone and allows reasonable accommodations for disability or religious beliefs. Reasonable accommodations could include wearing a face mask at work, social distancing, working a modified shift, COVID-19 testing…or even offering a reassignment. The Equal Employment Opportunity Commission’s revised guidance available at eeoc.gov is really helpful here.”

Talk to us! Email your experiences (and thoughts, opinions, and questions—anything, really) to askus@diningout.com

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