Work: What’s Next | Employers asking employees about vaccination status

Interview Summary

The union representing the TTC has recently decided to back down from encouraging its employees not to disclose their vaccination status and now encourages members to comply with vaccination policies. This recent decision has led to more questions for non-unionized employees regarding the COVID-19 vaccine. What are employee rights when it comes to revealing their vaccination status to employers?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Global News in Work What’s Next to discuss employee and employer rights.

Interview Notes

Does the TTC, or any employer, have the right to know their employee’s vaccination status?

There are privacy concerns to remember in relation to disclosing a vaccination status to employers. In most cases, employers in non-unionized settings do not have the right to ask employees regarding their vaccination status as it is medical information. Employers who work in a sector in which the government has mandated vaccines, however, will be permitted to ask employees whether or not they have been vaccinated.

What can employees do if their employer has asked for their vaccination status?

Employees have to consider practically, what the request will mean for their employment and decide whether or not they care if their employer knows their vaccination status. Employees who do not feel comfortable relaying their vaccination status can refuse their employer’s request and communicate their rights not to disclose private medical information. Employees should bear in mind that some employers might choose to act if they do not disclose their status and should be prepared to deal with the outcome of their decision.

Can refusing to reveal a vaccination status lead to termination for employees?

Regardless of the legality of the termination, many employers have terminated employees as a result of refusing to reveal their vaccination status. Unless there is a government mandate in place, employees fired for their vaccine status are owed their severance entitlements as well as possible human rights damages.

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• Do non-unionized TTC employees get severance pay?

What does the recent decision by the union representing the TTC mean for other employers?

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Mandatory Vaccinations for Unionized Employees
Vaccine Mandates by Government

Many other union employers and employees were looking to the decision by the TTC. The union’s decision could be setting a potentially dangerous precedent for the future and other possible decisions that are imposed that affect all employees.