Designating Unvaccinated Employees as a ‘Direct Threat’ to Others [Bloomberg Law]

James Sullivan authored an article about if an unvaccinated employee is a “direct threat” to the health and safety of themselves or others in the workplace. When implementing the various vaccine requirements imposed on employers by federal, state, and local mandates, employers are required to consider requests from employees for reasonable accommodations from that mandate due to medical or religious reasons. An employer is not required to grant such an accommodation, however, if there are no “reasonable” changes that could be made to enable an unvaccinated employee to continue to perform their duties without posing a “direct threat” to the health or safety of themselves or others in the workplace.

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James J. Sullivan, Jr.

Co-Chair, OSHA-Workplace Safety Practice

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(202) 912-4841


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