As more and more employers are considering mandatory vaccination policies (especially post FDA approval), let’s not forget the importance of engaging in the interactive process with those workers who have a bona fide medical or religious reason to remain un-vaccinated.
Keep in mind that failure to engage in the interactive process is a separate legal claim in California. Therefore, part of any mandatory vaccination program for California must include a consistent process for assessing the needs of those seeking accommodation. As many of my clients have grappled with this very issue (if only for a small percentage of their workforces), the issues can be quite challenging. For example:
As with any interactive process, there are some best practices: