As we enter a new phase of vaccinating against COVID-19, can employers protect their workforce by requiring employees to be vaccinated before a return to the workplace? For multinational employers, this raises legal issues across the globe and a careful assessment will need to be made.
KEY ISSUES FOR EMPLOYERS
- Prohibition - is there a prohibition against a requirement that employees be vaccinated? Even if there is no prohibition, can an employer take lawful disciplinary action for failure to vaccinate?
- Discrimination - could a requirement to vaccinate discriminate against certain groups based on medical reasons or religious belief?
- Privacy - how should sensitive employee vaccination data be handled and stored? For what purposes can the data be shared with other employees? Can the data be used for any after disciplinary action? Is employee consent required?
- Justification - can a requirement to be vaccinated be lawful taking into account the sector and industry, and the nature of the workplace?
HOW CAN WE HELP?
- Assessing local laws and whether a requirement to vaccinate can be lawfully justified given the health and safety objectives, and enabling a safe return to the workplace.
- Assessing any potential exposure and the practical risks for your business, including reputational risks.
- Providing clear practical advice with recommendations.
- We are the world's largest law firm with offices in 81 countries and more than 450 employment lawyers globally.
- Our Canadian employment team has significant experience managing and advising on global employment projects. We act as a "one-stop shop" providing the advice you need in other jurisdictions.
- We have you covered wherever you do, or want to do, business with our global presence to limit you having to deal with multiple law firms to assess local COVID-19 vaccination risks.
- Our Canadian employment team sits across Calgary, Edmonton, Montréal, Ontario, Ottawa and Vancouver.
- Our delivery model enables us to offer clients cost-effective pricing options and competitive rates.
- We can offer fixed fees and capped fees.
GET IN TOUCH
- Connect with any one of our Canada contacts on the following page or another member of the national Employment and Labour team.
Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com
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