COVID-19 Vaccine: Can Colorado employers require worker vaccination when it becomes available?

COLORADO SPRINGS, Colo. (KRDO) - Can employers in Colorado require their workers to get a COVID-19 vaccine when widespread inoculation becomes available?

"Under the Americans with Disabilities Act, employers have the right to implement legitimate health and safety standards for the workplace," Ian Kalmanowitz said, Attorney at Cornish & Dell’Olio, P.C. Employment Law.

In Colorado, he said employers also have a legal right to require their workers to get a COVID-19 vaccine because it's an 'employment at will' state.

"Under limited circumstances they might be able to avoid it, but for the vast majority of people, they put themselves at risk of termination."

Precedents set by the Equal Employment Opportunity Commission regarding the flu vaccine in recent years, according to Kalmanowitz, also play a role.

"It's been something the EEOC has had on its books for 11 years now and has specifically said, yeah employer mandated vaccines are ok for legitimate health and safety purposes."

However like the flu shot, exceptions based on a person's religious beliefs or medical circumstances would still apply.

"In either of those circumstances, the employee could be entitled to accommodation of potentially not getting the vaccine or getting some alternative vaccine."

Kalmanowitz said it also depends on the type of job and how much that person is interacting with others.

"Like frontline healthcare providers, essential retail and service workers, where you have to be in a physical location for your job, it's going to be more difficult."

People with religious or medical exemptions, Kalmanowitz said, can ask for employer accommodation, so long as it doesn't put unnecessary strain on the business or organization.