Can the Employer require me to be vaccinated?
No one can be physically forced to get a vaccine against their will. However, employers have an obligation to keep workplaces safe and, in the context of a global pandemic, can, in the AJC’s view, require employees to be vaccinated to continue to work subject to any duty to accommodate obligations they may have.
The duty to accommodate can be applied if an employee is unable to get the vaccine for grounds listed in the Canadian Human Rights Act, such as disability or religious belief or in the case of the AJC’s collective agreement, creed (which is not listed in the CHRA). If an employee is protected by one of these listed grounds, the employer must work with the employee to identify possible accommodations, which may include allowing the employee to work remotely for the foreseeable future.
For those who have elected not to be vaccinated based on personal preference, there is no legal obligation for the employer to accommodate the employee.