Employment lawyer on COVID-19 vaccine human rights concerns

Interview Summary

As a growing concern over the possibility of mandatory vaccinations arises across the province, complaints regarding the importance of abiding by employees’ human rights have also risen. Are employers violating their employee’s human rights by imposing a vaccine mandate? Can denying certain privileges be considered a violation of human rights?

A Toronto employment lawyer and Associate at Samfiru Tumarkin LLP joined Rick Zamperin on Global News Radio 900 CHML to answer these questions and more on COVID-19 vaccines.

Interview Notes

What is the Human Rights Commission’s stance on vaccine mandates?

Many people don’t realize that political beliefs do not qualify as protected human rights in Ontario. The Human Rights Commission has stated that those who do not wish to be vaccinated due to personal choice do not have the right to be accommodated under the Human Right’s Code.

Do unvaccinated employees have any support to argue a potential human rights violation?

Employees who simply refuse to be vaccinated do not have any support to argue a human rights violation. Employees who have a medical condition that prevents them from being vaccinated can argue that a vaccine mandate could be a potential human rights violation if they are penalized for their vaccination status. It is also important to remember that vaccine passports do not apply to employees as employers typically do not have the right to impose vaccine policies without government support.

Are employers able to legally penalize unvaccinated employees?

Employers do not have the legal right to penalize unvaccinated employees however in reality, it is virtually impossible to prevent an employer from terminating an employee. Employees who have been terminated or place on unpaid leave as a result of their vaccination status are still entitled to severance and cannot be terminated for cause if there is no government legislation mandating vaccines in their workplace.

Can employers refuse to hire unvaccinated employees?

It is much easier for employers to make vaccination a condition of employment than it is for an employer to terminate or penalize an employee due to their vaccination status.

Where do medical exemptions fit in regards to human rights and vaccine mandates?

The College of Physicians has stated that members are only to provide medical exemptions for individuals in extremely limited circumstances, such as allergies to the ingredients in the vaccines. Medical exemptions in regards to COVID-19 vaccines are very rare however they do exist. Employees who have medical exemptions cannot be penalized for their vaccination status.

Can an employer request proof of a medical exemption?

Employers are within their rights to request a medical exemption from an employee if they refuse to be vaccinated. Under the Human Rights Code, only two exemptions apply to vaccine mandates, such as a medical exemption or a religious exemption. Employees would have to provide a note from a treating doctor or religious leader stating they are unable to be vaccinated.