Federal mandate could pave the way for private-sector policies
Dr. Bruce Y. Lee, professor at the CUNY Graduate School of Public Health & Health Policy, tells CNBC Make It the Biden announcement is “significant.” First, the federal decision provides a sweeping precedent that employers can point to as a reason why they’re adopting a similar policy for their own staff right now. Businesses will also have a point of reference for how to handle pushback and employees who may threaten legal action against the requirement. And finally, leaders can learn from the way the federal policy is rolled out and enforced. Working through operational challenges will take time and could be especially difficult for small businesses, Lee says. Employers will have to figure out how to verify their employees’ vaccination status, securely store this information and keep an eye out for fraudulent documentation. In many cases, employees who don’t get vaccinated will be subject to regular Covid-19 testing, which takes time, money and people to oversee that screenings are done routinely and enforced fairly.
Weighing the risks
In terms of what’s legally allowed, “employers have the right to set the terms and conditions of employment,” says Perley Masling. Employers can require employees be vaccinated against Covid-19 or submit to mandatory Covid screenings. With that said, employers creating a vaccine requirement must “entertain requests for reasonable accommodations as required by law,” such as for workers who refuse for religious or medical reasons, including pregnancy. “Each request should be analyzed individually, and employers have right to ask for supporting documentation.” Some employers, already dealing with a labor crunch in certain industries where there are more open jobs than people to fill them, may worry that a vaccine mandate could impact hiring or lead to turnover. But Lee says businesses should be more concerned about the consequences of not supporting public health measures. From a business standpoint, “it can be very costly in many ways to have an outbreak of Covid-19,” he says. “It could subsequently require you to implement more draconian measures, like shutting down the workplace, or you might lose business if you’re known as the operation that had a Covid-19 outbreak.” On the flip side, Perley Masling expects many employees may respond positively to an employer vaccination mandate, because they’ll feel safer and more supported going into a physical workplace.
Messaging will be key
Dr. Perry Halkitis, dean of the Rutgers School of Public Health, says community messaging will be key to getting employees to feel comfortable with a new vaccine mandate. Business leaders should make sure that the group making decisions about the policy, its enforcement and its announcement is representative of the workforce as a whole, with regard to job level and function as well as gender, race, ethnicity, age and so on “to make sure all voices are represented at the table.” People are much more willing to listen to and trust friends, colleagues and people they know rather than someone they’ve never interacted with, Lee adds. Employers must also be fully transparent about why they’re enforcing the health mandate. Again, leaders can highlight how an outbreak can cause the business to suffer, which could lead to a drop in revenue and employee layoffs. Companies can also bring in outside health experts to discuss, from a scientific standpoint, the risks of remaining unvaccinated and contracting the virus. These experts should also address misinformation and disinformation about the virus head-on through open dialogue, where beliefs can be freely expressed and addressed in a calm and respectful manner. “Keep in mind there’s an inherent distrust of the health-care system and government among different groups of people, and there’s justification of that,” Lee says. As organizations share information, such as through articles or by hosting panels with experts, “that has to be accounted for.” He recommends business leaders consider where their employees are located and what the Covid situation and vaccination response is like there. “Talk to local community leaders and [engage in] shared decision-making so employees feel you’re making an effort to reach out to them,” Lee says.
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