Vaccinated Employees Skirmish with Unvaccinated Coworkers

Skirmishes coming

After five employees boarded an elevator, two additional employees attempted to get on as well.

One of the employees already on the elevator asked these two not to board. “We can’t remain six feet apart if you get on.”

One of the employees wanting to board said, “It’s only a short distance.”

After the employees arrived on their floor, the back and forth between these two employees continued.

“Your mask isn’t on tight.”

“I’m okay with it.”

“Are you vaccinated?”

“I don’t trust the vaccines.”

“You put the rest of us at risk.”

 “If you’re vaccinated, you have nothing to worry about.”

“Not if you contract a variant, infect the rest of us, and we take the problem home to our families.”

In workplaces across the country, frustrations grow. Those not vaccinated, want the freedom to decide when and if to vaccinate. Those vaccinated want others to follow safety protocols and to vaccinate as well.

A recent Harris Poll reported that seventy percent of U.S. employees currently working from home believe their employer needs to require all employees get vaccinated before they return to the work site.1 Nearly one in every four employees (23%) reported they would consider quitting their job if required to the office before all coworkers have been vaccinated.1

As an employer, what do you need to realize, especially if most of your employees have received vaccines?

Can you relax your workplace protocols?

New CDC guidance

Last week, the Centers for Disease Control and Prevention (CDC) provided new COVID-19 guidance for fully vaccinated individuals.2 Fully vaccinated individuals may interact indoors with other vaccinated individuals without wearing masks or physical distancing. Fully vaccinated individuals, except for those who live in a group setting or themselves experience COVID-19 symptoms, no longer need to quarantine and test if they’ve been around someone who has COVID-19.3

Fully vaccinated individuals do need to wear a well-fitted mask, physically distance and practice other prevention protocols when interacting with unvaccinated individuals from multiple households or in public. They also need to avoid medium- and larger-sized in-person gatherings, to watch out for COVID-19 symptoms, and to get tested if they experience COVID-19 symptoms.

Employer protocol modifications

As an employer, how should you modify your workplace protocols to account for this new guidance?

Even if your workplace includes both vaccinated and unvaccinated individuals, you need to maintain all COVID-19 protocols, including masking and distancing. This protects your unvaccinated employees.

If, however, all employees in a particular enclosed workspace have received both vaccinations and no others (customers, vendors, clients, unvaccinated coworkers) enter their workspace, these employees need not wear masks nor stay six feet apart, unless a state or local masking mandate exists.

If all employees in a meeting have been vaccinated, they don’t need to wear masks or remain six feet apart during the meeting. New OSHA standards are expected soon, and employers need to consult those standards as well as any new state or local rules. Employers may also want to obtain a signed vaccination status acknowledgement from all meeting attendees, along with a waiver related to misrepresentation of vaccination status.

Fully vaccinated employees may eat together.

The CDC advises that all individuals, even those fully vaccinated, not travel. As a result, employers need to minimize required travel and listen and thoughtfully respond to employee who express concerns about required travel.

Because vaccinations don’t offer one hundred percent protection, vaccinated employees can still get COVID-19, particularly given the number and prevalence of COVID-19 variants. If a vaccinated employee develops COVID-19 symptoms following exposure, they need to isolate and may need to work remotely or take leave (potentially FFCRA if this leave is available and the employer allows it through March 31).

Employees with disabilities or other underlying health conditions that puts them at higher risk of a serious illness if they contract COVID-19 may still need a reasonable accommodation such as teleworking.

Employers may adopt stricter protocol than those required by law or recommended by the CDC. The CDC does state that employees need to observe employer protocols. While employees or visitors to a workplace may resist stricter protocols, employers generally can discipline employees who don’t comply with their protocols.

Finally, whatever protocols you establish, communicate and enforce them. COVID-19 isn’t over.



3Looser COVID-19 Rules for Vaccinated Individuals? What This Means for Employers – Lexology

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