Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

Is a “Vaccination Ambassador” a Good Idea?

iStock-1206150255 (1)
By Salvatore G. Gangemi on April 6, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

The CDC has recently recommended that employers appoint “vaccination ambassadors” to encourage employees to get vaccinated.  The EEOC has not commented on the CDC’s recommendation, but based on other pandemic-related guidance issued by the EEOC, employers should consider the employment risks associated with a vaccination ambassador.  These risks include the following:

  1. Vaccination ambassadors are also employees and are being encouraged by the CDC to share their vaccination experiences with other employees, who may be reluctant to get vaccinated. This is problematic for many reasons.  Employers should not be requiring any employee to disclose anything about their own medical condition, and discussions about vaccines could end up in that territory.  It’s one thing to say that the “shot doesn’t hurt,” but it’s another thing to get into concerns based on preexisting medical conditions (or religious beliefs), which may be the reason any given employee is not being vaccinated
  2. Employees may ask the vaccination ambassador about the effect of the vaccine on their own medical conditions or concerns. Unless the ambassador is a physician (and even then, it’s probably not a good idea), the ambassador should not be opining on side-effects or other consequences of taking the vaccine.

Other steps that the CDC is suggesting employers take to encourage vaccination make sense and do not present the same level of risk for employers.  For example, considering providing paid time off to employees to get vaccinated is probably a good idea, and generally it’s legal and appropriate to request a copy of a vaccination “receipt.”  Proof of vaccination must be treated like any other medical record – stored in a secure location separately from the employee’s file.

If appointing a vaccine ambassador is something your organization is considering, it’s critical that you address it with employment counsel to make sure that the proposed vaccination ambassador receives the right training, is familiar with health privacy issues, and understands federal and state laws governing disability and religious discrimination (including reasonable accommodations) to minimize the risks to your organization.  Employment counsel can also discuss alternatives to appointing a vaccine ambassador with you.

Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of…

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty, and other work-related common law claims. Sal also counsels clients on day-to-day issues involving workplace management and administration, including requests for reasonable accommodation for disabilities, for family and medical leave, and wage and hour issues.  He conducts employment law training on a variety of topics, including sexual harassment prevention and wage/ hour compliance.  He also drafts employment policies and agreements, and assists clients in auditing worker classification practices and policies both in the context of the Fair Labor Standards Act and state laws governing independent contractor determinations.

Read more about Salvatore G. GangemiEmail Salvatore G.'s Linkedin Profile
Show more Show less
  • Posted in:
    Employment & Labor, Featured Posts
  • Blog:
    Employment Law Perspectives
  • Organization:
    Murtha Cullina LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • Boston ERISA & Insurance Litigation Blog
  • Stridon News and Insights
  • Taft Class Action & Consumer Insights
  • Labor and Employment Law Insights
  • Age of Disruption
Copyright © 2022, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo