How business owners are dealing with required vaccination for their employees
雇主如何應對要求員工接種疫苗的問題
Since the state of California announced its first round of the vaccination process, which includes essential workers, a lot of business owners have been questioning what are the boundaries regarding the required vaccination of their employees.
自從加州宣佈了第一輪疫苗接種程序（其中包括為必要的工人接種疫苗），許多雇主的問題就是對員工進行疫苗接種的具體規定是什麼。
On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures, and require the use of personal protective equipment among other things, the DFEH addresses a question that has been top of mind for many California employers: Can employers require their employees to be vaccinated?
2021年3月4日，加州公平就業和住房部（“DFEH”）更新了新冠肺炎的相關指南。加州公平就業和住房部（“DFEH”）除了回答包括：雇主是否可以詢問症狀，測量員工體溫，並要求員工使用個人防護用品以外，也同時回答了雇主最關心的一個問題：雇主是否可以要求員工接種疫苗？
The short answer is yes, so long as the employer adheres to the requirements of the Fair Employment and Housing Act (“FEHA”).
簡而言之，答案是肯定的，只要雇主遵守《公平就業與住房法》（“FEHA”）的要求。
Nonetheless, employers cannot discriminate against or harass employees based on protected characteristics, including but not limited to, religion and disability. But it also requires reasonable accommodation for employees with known disabilities.
儘管如此，雇主不能基於防疫的原因就歧視或騷擾員工（包括但不限於宗教和殘疾）。這同時也要求為殘疾員工提供合理和便利的照顧。
Therefore, if an employee objects to the vaccination on the basis that he or she has a disability that prevents them from being vaccinated, the employer is required to engage in an interactive process with the employee and reasonably accommodate that employee. That may include:
因此，如果員工因為殘疾不能接種疫苗，以此來反對疫苗接種，雇主需要與員工進行溝通和諒解員工。這包括：
· the employee working from home, or
員工在家工作，或者
· the employer implementing safeguards at the worksite to enable the employee to work without endangering the employee or others.
雇主在工作地點實施保護措施，使員工能夠在不危害員工本身或其他人的情況下工作。
If the employee cannot perform his or her essential duties even with the reasonable accommodation, or if the employee cannot perform his or her essential duties without endangering the health or safety of the employee or others even with the reasonable accommodation, then the employer may exclude the employee from the worksite.
如果員工即使在合理的條件下也無法履行其基本職責，或者員工在合理的條件下不能履行其基本職責，也沒有危害員工本身或其他人的健康和安全，雇主則可以要求員工不得返回工作崗位。
The Act also requires the accommodation for employees with known sincerely-held religious beliefs and practices. Therefore, if an employee objects to the vaccination on the basis that he or she has a sincerely-held religious belief or practice that prevents them from being vaccinated, the employer is required to engage in an interactive process with the employee. And, similar to responding to a disability, if the accommodation imposes an undue hardship on the employer, the employer may exclude the employee from the worksite.
該法案還要求為擁有虔誠宗教信仰和習俗的員工提供便利和照顧。因此，如果員工因為自已虔誠的宗教信仰和習俗而反對接種疫苗，雇主需要與員工溝通。與對殘疾員工的回應類似，如果因此對雇主造成了不必要的困難，雇主則可以要求員工不得返回工作崗位。
In opposition to that, if an employee resists mandatory vaccination absent a disability or sincerely-held religious belief or practice, No Reasonable Accommodation is necessary.
相反的，如果員工在沒有殘疾或虔誠宗教信仰和習俗的情況下而拒絕接種疫苗，雇主則不需要給予照顧。
Although the fact that employers have limited options, asking employees for proof of the mandatory vaccination does not fit the protection characteristics. That said, you as an employer can ask for proof of vaccination, as long as any record of it is maintained as a confidential medical record by you.
儘管雇主的選擇有限，但要求員工提供強制疫苗接種證明並不符合防疫原則。也就是說，雇主可以要求員工提供接種疫苗証明，只要雇主將其作為機密醫療紀錄保存即可。
Source 文章來源: https://www.natlawreview.com/article/dfeh-issues-guidance-to-employers-regarding-mandatory-covid-19-vaccination-policies