Businesses want their workers to receive the coronavirus vaccine. But will they require it?
Binghui HuangWhether it's large workplaces such as Amazon or small independent coffee shops, business owners are eager for their employees and customers to receive the coronavirus vaccine.
"Just directly into our eyeballs," joked Toni Carr, co-owner of Strange Brew Coffee in Greenwood.
"We feel so exposed," she continued more seriously. "We're just all so ready to be safe."
The vaccine is much less intrusive than that, of course, consisting of a mere shot to the arm. Still, some business owners worry vaccinating everyone won't be as easy as it should be.
If workers refuse to take the vaccines, employers will be in a position of deciding whether to mandate it once they're widely available and receive full U.S Food and Drug Administration approval. While many are consulting lawyers on the topic, others are reluctant to require it even if they can legally do so.
Federal law allows people to refuse vaccine requirements for medical or religious reasons, which is a fairly broad protection. And a vaccine requirement in Indiana, which has a Libertarian streak, likely will be unpopular in some quarters despite its promise to speed up economic recovery. Lawmakers, in fact, are considering one bill that would ban businesses from requiring vaccines, though it's hard to say whether that effort will gain approval.
While requirements for some vaccines are commonplace in hospitals, the coronavirus pandemic has forced more businesses to examine the possibility of such a requirement for the first time.
"We're hearing a lot from clients who say 'we want to require the vaccine as soon as possible for everybody,'" said Susan Kline, an Indianapolis lawyer specializing in employment law.
Large corporations such as Eli Lilly, which has labs, and Amazon, which has warehouses, said they will encourage but not require their employees to take the vaccine. A spokesperson for Rolls-Royce and a union shop leader at the Fort Wayne General Motors plant both said employees won't be required to take vaccines. Companies must bargain vaccine requirements with unionized workforce.
Still, many of those businesses clearly want their employees to choose to be vaccinated.
"Based on scientific information, we are strongly encouraging our employees to consider getting vaccinated for their and their families’ health and safety," said Eli Lilly spokeswoman Tamara Hull. "Currently, Lilly is not mandating that employees receive the COVID-19 vaccination."
While Amazon won't require vaccinations, the company has lobbied federal health officials to prioritize its workers at its fulfillment centers, Whole Foods Market stores and data centers in vaccine distribution.
"In many ways, our essential workers have served as heroes in their communities during this pandemic as they have helped people get the products they need without having to leave their homes, which, for people with underlying conditions or who are more susceptible to complications from COVID-19, is critical," an Amazon executive said in a December letter to the federal officials.
Not everyone wants to take vaccine
The coronavirus vaccine has long been the ultimate promise for a return to a pre-pandemic life, allowing families to get together, people to return to the activities they love and businesses to regain their customers.
But not everyone wants to take it.
A December Kaiser Family Foundation poll showed that trust in the vaccine is rising, but still some 27% of people surveyed are reluctant to take it. That's an increase from the about 34% who did not want to take it in a September survey.
That's a problem for businesses who are banking on the vaccine to ensure the kind of safety that would bring back a stable, healthy workforce and the most cautious of customers.
Companies see the vaccine as a way to combat the high rates of employees out sick or quarantining after exposures, Kline said.
"They're struggling with staffing," she said.
"This is a industry-wide, nationwide conversation," said Patrick Tamm, CEO of the Indiana Restaurant and Lodging Association.
Businesses exploring vaccine mandate
The issue of required vaccinations from time to time has flared up in hospitals, which require doctors and nurses to take the influenza vaccines.
In 2012, an Indiana hospital fired eight employees, including nurses, for refusing mandatory flu shots.
As the first wave of vaccinations are shipped across the country to hospitals and nursing homes, some regions are facing push back from health workers who refuse to take the vaccine. In one California hospital, fewer than half of the 700 hospitals workers were willing to take the shot when it was first offered, the Los Angeles Times reported. In Ohio, some 60% of nursing home workers refused the vaccine, said Gov. Mike DeWine in December.
While many hospitals require flu vaccinations, they have not required the coronavirus vaccines because they were approved under a federal program that allowed for use before completing the full data collection process.
There's no state laws that specify whether companies can or cannot require medical procedures like vaccines, Kline said. However, the Americans with Disabilities Act requires companies to accommodate people's medical needs.
This means that employers may require mask-wearing or remote work for people who can't get vaccinated for medical reasons, Kline said. However, employers may require vaccination if there's no way to accommodate a worker, she said. For example, a hospital may require a nurse who works with high-risk patients to get vaccinated.
Similarly, employees can claim religious objections, which is a broad protection, Kline said. Employers can ask questions about an employee's objection but can't require them to pass any test of faith, such as going to religious service.
"It's very risky for employers to say 'OK I want to know how many times you went to church last year? What committees are you on in your church? Let me give you a quiz on what the Bible says'," she said. "The definition of faith is surprisingly broad."
In a 2012 case, a federal court sided with a customer service worker at a hospital who argued her veganism was a type of religious objection to the vaccine, which used animal products.
Lawmaker touts personal liberties over public health
One Indiana legislator wants to expand protections to allow Hoosiers to object to taking the vaccine for any reason. He proposed legislation that would prohibit employers from requiring vaccinations and to protect employees from suffering any loss of pay or benefits if they decline vaccinations.
"I think it goes back to personal liberties," said the bill's author, State Sen. Dennis Kruse, R-Auburn.
While companies are exploring the option of requiring vaccination, the country is at least months away from being able to vaccinated the general public.
Some employers, like hospitals and nursing homes, are offering cash bonuses to incentive people to take the vaccine.
Kline is advising employer to take this route.
"We think it's better to provide a carrot than wave a stick."
Contact IndyStar reporter Binghui Huang at 317-385-1595 or Bhuang@gannett.com. Follow her on Twitter @Binghuihuang