This has certainly been a strange year for everyone. Our office has been able to remain open with employees coming into work because the building is so large we are able to socially distance and we wear masks when we are in public areas. We have not, however, been able to have clients come in in person and we have done all our appointments by phone, our court appearances, settlement conferences, and depositions by telephone. We have appeared at the Oregon Court of Appeals by video conference and we are still adjusting.
As vaccines become more and more available we are struggling to see how that is going to play out and how it will affect our practice.
The U.S. Equal Employment Opportunity Commission has issued a guidance that employers can likely require a vaccination against COVID-19. Under the Americans with Disabilities Act (ADA) an employer can implement a vaccination requirement as a qualification standard. The employer does, however, have to reasonably accommodate employees who refuse vaccines due to a disability or sincerely held religious belief or practice. Although there is some hesitancy to be vaccinated, the more people that get vaccinated, the more it will make it easier and quicker for our economy to open up and for things to return, at least somewhat, to normal.
I have included a link that will tell you what employers have to think about, both before they can mandate vaccinations and what they need to think about before they decide not to mandate or encourage vaccinations:
It is an interesting time to try to navigate how to keep employees and the public safe while still providing a service and being fair to the employees and the public.
