In a story published by CBS Miami, D. Porpoise Evans discussed the legal ramifications on how private businesses are tightening up on employees given the Delta variant. Many employers are now asking for a vaccination as a requirement.
“I am saying to them ‘yes,’ from a legal point of view you do have that right,” Porpoise said. “Employers are in a tough position. They are balancing a lot of interests. One primary interest is safety in the workplace.”
The issue can be worked out and it is more crucial than ever with the lack of applicants for jobs, leaving many employers scrambling. There are accommodations employers can make in the workplace, such as allowing employees to work from home, take weekly tests, socially distance and wear masks.
Porpoise explained “it would be a hard sell to say they are being discriminated against by requiring them to wear a mask if they don’t want to be vaccinated.”
According to Porpoise, if the issues can’t be worked out and accommodations can’t be reached, an employer should not fire an employee immediately, but that might be the eventual result.