Disclosing COVID-19 vaccine status in B.C. workplaces: CKNW Interview

Interview Summary

The rise in vaccinations across the province has given rise to questions regarding ethics and privacy. Will vaccinated individuals have to disclose their vaccination status? How will this affect the workplace and employees who have not been vaccinated?

A Vancouver employment lawyer at Samfiru Tumarkin LLP joined Stirling Faux on Global News Radio 980 CKNW to answer these questions and more.

Interview Notes

Can an employer fire an employee if they are not vaccinated in Canada?

Employers cannot implement a blanket statement that states all employees if not vaccinated, are unable to return to the workplace. Generalizations can potentially harm employees who are not vaccinated due to religious or medical reasons and would be a violation of their human rights.

Will the business environment determine whether or not staff has to be vaccinated?

Employers particularly in a vulnerable work environment or one that is client-facing might be able to encourage or mandate vaccinations in the workplace. Ultimately, employers even in these situations, such as a gym or restaurant, can implement other public health and safety measures to encompass employees who are unable to be vaccinated.

Are there any exemptions from vaccination, other than medical or religious, that are permissible?

There are no other exemptions from vaccination other than a medical reason or religion however there have been recent discussions regarding political reasons which are protected, as well as bodily autonomy.

Is there an argument that in some workplaces and due to proximity, employees have to be vaccinated?

An employer’s ability to determine a strict vaccine policy will be industry-dependent, such as in work environments in which social distancing is not possible or if the environment involves a vulnerable population.

Has there been any legal precedent set regarding vaccines prior to the pandemic?

While there have been disputes in the past regarding the flu shot and health care workers, nothing prior to the pandemic has occurred that can be comparable to the current situation.