個案總覽

Governments are implementing policies to require vaccination for employees in certain settings while rolling out programs that require vaccination passports for public access to certain non-essential services. In this political and legal landscape, employers who are not directly impacted by government orders mandating vaccination are contemplating mandatory vaccination policies of their own. As employers implement a mandatory vaccination policy, the authors recommend the following safeguards: 1) Employees who cannot be vaccinated or who refuse the vaccine for human rights reasons must be provided with accommodation (i.e., regular testing, masking and social distancing measures, remote work options, etc.), unless it would amount to undue hardship. 2) Require vaccination for employees who will report to work at the office. 3) Employers should tread carefully when considering the termination of employees who refuse to be vaccinated. 4) In accordance with privacy legislation in certain provinces and at the federal level, employees must be notified of the purposes for which information on their vaccine status will be used. 5) Employers should minimize the information that they collect.