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to be vaccinated and will continue to have social dis-
tancing, but will use the honor system on who was
vaccinated and who should still wear a mask,” Bick-
ley said.
Connecticut employment attorney Robert Mitch-
ell, a partner with Mitchell & Sheahan in Stratford,
believes employers will have the upper hand, legally
speaking, if push comes to shove and someone sues
over a company policy on vaccinations.
“The employer has the advantage here,” said
Mitchell, an attorney for 43 years. “I do think that
employers can require vaccinations if they wish to
with two limitations. Those being someone who has
a legitimate religious objection and or a legitimate
disability. Other than that, I think the employer Woman getting vaccinated.
wins.” Photo: Halfpoint/Adobe Stock
Mitchell says he believes most employers will try also be negative incentives such as withholding the
and work out any difference with their workers in a possibility that a certain employee can travel until
civil way. that employee is vaccinated. I have heard of that.”
“Most companies will work with their employees, Pirrotti said the employer would be within their
as a matter of good personnel policy,” Mitchell said legal rights to limit travel on the company’s expense
Thursday. “They will talk to their employees, and ex- to those that aren’t vaccinated.
plain what they are doing. It doesn’t make sense to “In terms of business travel, the employer has an
be hard on them.” absolute right to do that; it’s their company. It could,
While Mitchell says he expects to see some litiga- very well, tip the scales in that employee’s decision
tion over workplace vaccination policies, he doesn’t to get vaccinated because they want to bring value
believe there will be a floodgate of litigation. to the company and perform all aspects of the job,”
“I just don’t see a lot of litigation on the issue,” he Pirrotti said.
said. “I think many employers and employees will While many companies will work on the honor
take the position that if someone does not want to system that an employee has been vaccinated, oth-
get vaccinated, they should get another job. Most ers might want to see their vaccination card or proof
people do not sue when they are upset at work; they of vaccination, Bickley said. Those companies would
get another job.”
Bickley agreed. have the right to do so, if the information is kept
“I don’t envision, right now, that there will be confidential, she said.
as much litigation as employers at one time had “Understanding that these are extraordinary cir-
feared,” Bickley said. “Based on what I have seen, cumstances with a pandemic, I think you can ask
employers are being thoughtful when implement- employees to see their vaccination card and whether
ing policies.” they have been vaccinated as long as you keep the
New Haven employment law attorney Nina medical inquiry confidential, that is just between the
Pirrotti of Garrison, Levin-Epstein, Fitzgerald & worker and the company,” Bickley said Thursday. ■
Pirrotti echoed Mitchell in her belief that “most
employers will go down the route of encouraging Robert Storace covers legal trends, lawsuits and
their workforce to get vaccinated and incentivizing analysis for the Connecticut Law Tribune. Follow
those that do. Incentives can include things like ad- him on Twitter @RobertSCTLaw or reach him at
ditional time off. For those not vaccinated, there can 203-437-5950.
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