Bracewell’s Bob Nichols looked at vaccine requirements based on a customer demand with the Society for Human Resource Management. Allowing only vaccinated employees to services certain customers while reassigning unvaccinated workers to similar positions servicing different customers comes with a risk.
Nichols cautioned that offering a particular assignment only to vaccinated employees “conceivably could constitute a violation of employees’ rights under the ADA or Title VII” of the Civil Rights Act of 1964.
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