Arizona’s Attorney General recently said that in his opinion, Arizona businesses can legally require employees to be vaccinated. But what have the “courts” said about such vaccine mandates? We asked Jessica Post, Director of the Employment and Labor Practice group at the law firm, Fennemore Craig.
There has been much controversy throughout the U.S. regarding this vaccine mandate. Legally private companies within Arizona can require employees to be vaccinated and essentially if someone doesn’t want to get vaccinated working for a business that requires it, they can work somewhere else.
But, there are two limitations with this vaccination mandate. A person can get around this if they can share proof of a medical condition that denies them the opportunity to get vaccinated or they have religious beliefs that prevent them from getting the vaccine.
Post said that companies can legally ask the vaccination status of their employees but once they retain that information it must remain confidential since it is a medical record.
Her recommendation for mandating vaccines within private businesses is at least six weeks. This would provide employees to obtain both doses of the vaccine and give them more options.
Private companies are among the easiest to begin mandating vaccines but there are some issues at the State level here in Arizona. Governor Doug Ducey has declined vaccination mandates.
“I’m not necessarily expecting the legislature or the Governor to change course or position on vaccine mandates for State employees,” Post said.