COLUMBUS, Ohio — The coronavirus vaccination is scheduled to arrive in Ohio next week.
What You Need To Know
- Legal experts said, outside of having a medical condition, disability, or certain religious beliefs, it is legal for an employer to mandate an employee to get the vaccine
- State lawmakers could pass a law to further protect Ohioans who do not want to get vaccinated or lose their jobs
- House Bill 268, or the "Medical Consumer Protection Act" as it’s called, is bipartisan legislation that was introduced last year
- House Bill 268 would stop employers from firing an employee for that very reason
The first batch will be given to essential workers and then those most at risk. But what if someone doesn’t want to get vaccinated? Could an employer fire someone for refusing to do so?
"The short answer is yes," said Rema Ina, an employment lawyer at Gallagher Sharp in Cleveland.
Ina said outside of having a medical condition, disability, or certain religious beliefs, it is legal for an employer to mandate an employee to get the vaccine.
However, she pointed out most businesses do not currently do so.
"For example, most employers don't mandate that their employees get their flu shot,” Ina said. “So before everyone starts, I guess panicking, we should wait and see if employers are actually going to mandate the coronavirus vaccine and I don't think many of them will.”
Jason Matthews is an employment lawyer in Dayton who also spent several years working for the state to investigate employment discrimination.
Matthews had advice he said he would give a client who did not want to take the vaccine but wanted to keep their job.
"My recommendation would be to have a discussion with your employer and letting your employer know why you have concerns about the vaccine,” Matthews said. “But at the end of the day, if the employer requires you to have the vaccination and you don’t have a good reason for not being vaccinated, then you are placing your job in jeopardy."
State Lawmakers could pass a law to further protect Ohioans who do not want to get vaccinated or lose their jobs.
House Bill 268, or the Medical Consumer Protection Act as it’s called, is bipartisan legislation that was introduced last year. It would stop employers from firing an employee for that very reason.
“What gives the employers the right now to mandate vaccinations is that Ohio is what’s considered to be an at-will employment state,” Matthews said. “So unless there is a law prohibiting an employee from terminating an employee due to a legally protected basis, then the employer can terminate the employee for any other reason.”
The bill also lists "reasons of conscience" for refusing to take the vaccine. Ina said that is the type of language that could be fought in the courts.
"If this ‘reasons of conscience’ is interpreted to mean, ‘I just am morally opposed to taking it or I just worry about the health risks in taking it,’ then this bill would cover pretty much the loophole that exists right now," Ina said.
The bill has yet to gain any traction at the Ohio Statehouse.