While the circumstances are constantly changing, the government’s current public policy is that vaccinations are voluntary, although strongly encouraged, and now, temporarily, required for access to many public services and businesses. On October 22nd, Ontario announced
Any employers that are creating a workplace policy around proof of vaccine and vaccine mandate policies, or any COVID testing alternatives, should:
Mandatory vaccination policies are largely untested in the courts as of now.
The Ontario Human Rights Code prohibits discrimination against people on the following grounds: Age, Ancestry, colour, race, Citizenship, Ethnic origin, Place of origin, Creed, Disability, Family status, Marital status (including single status), Gender identity, gender expression, Record of offences, Sex, and Sexual orientation.
Employers must accommodate employees who are unable to be vaccinated due to a prohibited ground, such as Disability or Creed, and may not use an employee’s medical information (Disability) to treat them differently as that may be discriminatory and prohibited under the Code.
The Ontario Human Rights Commission has published a policy statement on vaccine mandates and certificates which clarifies that personal preferences or singular beliefs do not amount to a creed.
For guidance on accommodation and any workplace policies, please contact our HR Solutions team at HRresults@w-u.on.ca
Ward & Uptigrove