Vaccination Status: Why We Have to Ask
November 17, 2021 Business, General, Human Resources, News, Social, Technology, Uncategorized No comments yet

Vaccination Status: Why We Have to Ask

Samantha Badr 

 

I know, I know – another COVID article. But before we get started, let me first apologize for my absence. I know my fans have missed me but it’s hard work being an HR professional! Since the beginning of this journey, my goal was to develop skills in the career field I so carefully chose. As of today, I can finally say that I have done just that – and I owe it all to this blog. Thank you for sticking around as I navigate my career path and share lessons I’ve learned along the way. This is just the beginning, and I plan to share my experiences with you all. Stay tuned….

The last few weeks were COVID-focused at my organization. That came with a lot of tasks that landed on my makeshift home-office desk. The first item on my to-do list was updating job posts company-wide. I had to make sure that the new COVID language was present and easily digestible for potential candidates. Because my organization hires a lot of field staff workers, we had to make sure to disclose that we comply with all state and federal laws. Whether that be weekly COVID tests or vaccine doses, employees must disclose their status to qualify for employment. I also had the pleasure of following up with current employees who have not yet disclosed their vaccination status. However, contrary to popular belief, the EEOC allows companies to ask for vaccine disclosure – and no, it’s not a HIPPA violation.

Employment law attorneys recommend that organizations practice caution when crafting their vaccination policies to ensure they do not ask for too much information. Employers should be careful to not “dig too deep” to avoid the potential of making medical inquiries that go against the Americans with Disabilities Act (ADA). Asking for proof of a COVID-19 vaccination is permissible under the ADA because it is not likely to prompt an employee to provide disability-related information.

Still, organizations should make sure to keep up to date with applicable state laws, which could differ from federal rules and guidelines. If employers require workers to get vaccinated, they will need to consider reasonable accommodations for employees with disability-related or religious objections. However, the U.S. Equal Employment Opportunity Commission (EEOC) has said that employees may still decline to confirm their vaccination status for reasons that are unrelated to a disability. To summarize, employers ARE allowed to ask about vaccination status, but they ARE NOT allowed to ask follow-up questions about why an employee did not receive a vaccination.

Even if employees willingly disclose their vaccination status, it is still considered medical information that must be kept confidential. If employers do require such proof, they should control access to the information and limit its use. The best way to address employee privacy concerns is to communicate that such records will be strictly confidential and will not be used to make employment decisions.

Regardless of differing company-specific regulations, all organizations are similar in that they are trying to navigate these new policies as they emerge. There will be some push-back, and some employees will not be happy with certain rules. It’s crucial to remain firm when communicating new policies. Organizations – my “professional advice” is to always keep the human aspect alive and remind yourself that your employees are genuinely (and rightfully) scared for their safety. It might not be the most comfortable situation, but I promise it’s for the best. If all else fails, use any parent’s favorite line – “you’ll understand when you’re older”.

Good luck and stay safe!

 

For helpful tips this cold and flu season, please refer to the video below 🙂

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Shifting Workforce Strategies Post COVID-19
April 7, 2021 Business, General, Human Resources, News, Social, Technology, Uncategorized 1 comment

Shifting Workforce Strategies Post COVID-19

Samantha Badr

 

Congratulations, you’ve survived the first four months of 2021! We’re a third of the way through the new year and yet we are still learning how to adjust to this pandemic. Vaccinations have been distributed and many businesses have begun to open their doors. Some organizations are continuing to work from home (WFH) for the remainder of the year, but what happens after? Many employees had to incorporate new daily tasks into their workday, while many have had to learn new skillsets altogether.  It is crucial that the HR department start preparing for the transition back into the office – making workforce planning the top of their to-do list.

For my audience that is not familiar with HR terminology, workforce planning is the process an organization uses to analyze its workforce and determine the steps it must take to prepare for future staffing needs. LinkedIn’s 2020 Workplace Learning Report reveals that 99% of learning and development executives believe if skill gaps are not closed within the next three to five years, that customer satisfaction could plummet – as well as product development and the company’s ability to innovate and grow. LinkedIn’s report also states that 57% of talent developers will focus on leadership and management skills, 42% on creative problem solving, and 40% on communication skills.

As for the HR department, you are in my thoughts and prayers. It seems like the work never ends! In 2020, safety and adjusting to WFH was the priority, now comes the best part of 2021 – putting all the broken pieces back together. Good thing the HR department is here to save the day. The first task at hand is to expand the ability to operate in a fully digital environment. All employees will need to brush up on their technological skills. This will ensure that they feel comfortable with their job tasks and maintain seamless contact with clients, partners, and suppliers. When returning to the office it is essential that employees are encouraged to seek help with any new systems – whether that includes training programs or open dialogue with co-workers or supervisors.

The next step is further developing cognitive skills for redesign and innovation. With remote work as the reality for over a year, HR managers were forced to demonstrate these skills in an autonomous environment. Keeping employees retained was a project in itself, now organizations have to re-think all their previous strategies to remain innovative. It’s imperative that companies remain creative by adjusting their problem-solving skills to manage projects if some employees or clients are still working remotely.

Social and emotional skills are next on the to-do list. Companies have to maintain their professional ties and grow new client relationships – all while supporting their employees in the process. The HR department, as well as organizational leaders, in particular, might need to develop their skills moving forward. Communication and interpersonal skills need to be worked on, making sure that empathy is at the top of the list. Our economy might be struggling, but we’re all in this together. Leading with sympathy and compassion might restore any hope lost during the pandemic.

The biggest skill to consider is the ability to adapt and be resilient during COVID-19 and beyond. Organizations should use the last year as a source for learning on building self-awareness, self-confidence, and self-reliance. Be transparent with your staff, let them know that you are aware that certain practices can be enhanced and that the company will support each other through the process. Managing time, boundaries, and mental space could use room for improvement in the upcoming year.

As for the HR department, the months to follow should focus on workforce planning strategies. Taking a look within can help companies redefine their purpose or mission, outline their future potential, and shift their perspective to move confidently into the future. The recovery from the COVID-19 pandemic might be a long one, but we’re almost there!!! Challenges keep life exciting, after all. Reflect, recommit, re-engage, rethink, and reboot – let’s get through these next few months and continue to thrive. Good luck.

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Our New “Normal”: COVID-19 Vaccinations in the Workplace
January 25, 2021 Business, General, Human Resources, News, Social, Technology, Uncategorized 1 comment

Our New “Normal”: COVID-19 Vaccinations in the Workplace

Samantha Badr

 

While some can’t get their hands on the COVID-19 vaccine soon enough, others are dreading it. To some it’s a magic potion that will bring us back to pre-COVID times, but to others, it’s poison. Everyone has their reason for wanting or not wanting the vaccine, creating a heated debate in many workplaces.

A new rule implemented Dec.16,2020 by the Equal Employment Opportunity Commission (EEOC), however, leaves little room for discussion. The EEOC rule maintains that employers can encourage or even require COVID-19 vaccinations. That said, any new policy must comply with workplace laws, such as Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA).

I spoke with a few different people for their opinion and as you may have guessed – workplace, age, and gender all seem to have varying influences on peoples’ views on the COVID-19 vaccine. Perhaps more concerning is that employers themselves – including those in the health care industry – don’t have clear guidelines on how to proceed. Much like the beginning of the pandemic when many questions did not have answers, employers are scrambling to figure out whether or not they should mandate vaccinations moving forward, as the world tries to shift into slowly re-opening businesses again.

The COVID-19 vaccine comes with a laundry list of both pros and cons. For starters, peace of mind. In the healthcare field, where many hospitals were promoting a 95 percent success rate of both the Pfizer and Moderna vaccines, a doctor who got the vaccine might feel better knowing he or she is less likely to catch the virus or bring it home to his or her family after a long shift of managing countless patients. A nurse that I spoke with said many hospitals are encouraging staff members to get vaccinated since they’re working with high-risk patients on a daily basis. She told me that her hospital did not necessarily require the vaccine, but they were encouraged to receive both doses.

A waiter that I spoke to said the restaurant industry appeared to be leaving the decision up to workers. Servers and hostesses are at greater risk of contracting the virus than kitchen workers, since they are the ones dealing with customers. While business owners want to open and make their living, they also need to protect the health and safety of their staff and customers. Requiring vaccinations for their employees would greatly ensure they are, in fact, in good health. Not only that, if restaurants mandated vaccinations for employees, indoor dining could resume sooner. A massive amount of sales come from indoor dining, which was banned in New York as of mid-January. If restaurant workers were vaccinated and indoor dining was given the green light, many businesses crippled by the pandemic could potentially have their livelihoods back.

While some corporate companies have made working from home “the new normal,” many employees are desperate to head back into the office. My friend’s dad, for example, thrived on his daily routine working downtown at the office. That’s the way it was for the better part of three decades. When everything shut down in March 2020, water cooler talk, lunch outings and post-work gym sessions were no longer options. Adjusting to a new schedule all from home and the lack of social interaction caused a severe depression for him. Daily, face-to-face communication in offices boost employee morale and increase productivity across the board. People are simply tired of being confined in their home and I don’t blame them. If offices reopened only for those who were vaccinated, those who wanted to return might have more of an incentive to get the vaccines.

One of the most widely reported cons to the COVID-19 vaccine seems to be the fact that there is still a 5 percent chance that COVID-19 can be contracted. Getting vaccinated doesn’t eliminate the face mask requirement. People would still have to practice social distancing. Everyone would still bear the risk of the virus every day. Not mandating the COVID-19 vaccine could potentially pose a huge liability for employers. As many HR professionals know, employers are required to provide a safe work environment under the Occupational Safety and Health Act (OSHA). If employees get very sick, they can possibly sue their employer for violating OSHA laws. Another con of the vaccine is that it is extremely new and absolutely no long-term research has been done. Many people are holding off on getting the vaccine because there are still so many unanswered questions about the long-term effects.

In conclusion, there are always advantages and disadvantages to any new policy. COVID-19 is not a situation to take lightly, as proven in the mess that was 2020. I know that everyone can agree that they want life to resume to normal as quickly as possible, but at what cost to the employees and employers? Even if an organization mandates a vaccine, there are always going to be exceptions, such as religious and disability reasons. Employers are still bearing the cost of being creative in ensuring a safe workplace. That could mean moving staff around to places with less human contact or carrying the financial burden of requiring un-vaccinated staff to be consistently tested. On the plus side, the more vaccinations, the more businesses can reopen.

Although it seems most employers are still navigating how to handle the COVID-19 vaccine, making the right choice is crucial because COVID-19 has a way of being non-discriminatory – and that is the worst con of all.

 

For more information I have attached an article from the CDC that sheds some light on the science behind both COVID vaccines: https://www.cdc.gov/vaccines/covid-19/index.html

Also attached is an article from the EEOC that can provide insight on COVID-19 vaccinations in regards to EEO laws: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

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