Jennifer Barna is a Senior Counsel in the Employment, Labor and Workforce Management and Litigation practices, in the firm's Newark office. Her practice focuses on civil litigation and corporate counseling in the areas of employment law and complex commercial matters. Ms. Barna represents businesses in a broad spectrum of industries, including commercial real estate, financial services, health care, and retail.
Certainly, for positions that are safety-sensitive or cannot be done remotely, an employer may, as a practical matter, have no reasonable option other than terminating an employee or not hiring an applicant where that person is refusing to get vaccinated for a nonprotected reason.1 June 2021
They may inadvertently create a wellness incentive program if the requirements implicate health and medical conditions. Thus, employers should consider providing modest incentives in exchange for only proof of vaccination1 June 2021