Carolyn Wheeler Quoted in Bloomberg Law

Katz, Marshall & Banks senior counsel Carolyn Wheeler was quoted in the Bloomberg Law article, “Segregating Unvaccinated Workers? Think Twice, Attorneys Warn.”

As both vaccinated and unvaccinated workers begin to return to the workplace, some employers have entertained the idea of physically separating their employees based on vaccination status.  Practitioners and attorneys are highly skeptical of such a setup, and warn that not only would it be difficult to enforce, but it would likely create unnecessary resentment related to what has become a politically-charged issue.

First of all, while vaccination status is not a protected class – like race or gender – a company could open itself up to liability if some workers choose to not receive the vaccine because of religious or health reasons. Secondly, the logistics of a separation policy would be complicated and extremely difficult to enforce. Finally, in many workplaces – like a factory or supermarket – it is basically impossible to keep workers physically segregated.

At the end of the day, while a policy that segregates employees based on vaccination status wouldn’t violate any laws on its face, it seems to be an odd way of managing the risk of Covid-19 in the workplace, said Ms. Wheeler. “That just sounds weird to me.”

Read the full article here.