24 Jan Is it legal for a Canadian job listing to require complete vaccination status to apply?
Many job listings are requiring full vaccination status to apply to their vacant roles. Those who are seeking employment during the COVID-19 pandemic may be surprised to come across this new reality. Even though this is an employer’s effort to keep the workplace safe, job seekers are wondering if this is within their rights?
Most job postings that require a full vaccination status are companies that have been sanctioned by the government to have vaccine mandates, like health care departments. In this case, it is fair for these establishments to require that all potential new hires have been previously vaccinated before they begin the interview process.
There are also employers, separate from government ordinances, who may rightfully add vaccination status to their applications. These employers would have been recognized by the Occupational Health and Safety Act (OHSA) as being an establishment that may institute vaccine mandates because it is vital for their workplace to remain safe.
As more employers promote complete vaccination status for all their employees and new hires, they should continue to be aware of those who cannot meet this demand. If the employer states that applying for their new vacancies is conditional on receiving both COVID-19 vaccines, they should also be outlining available accommodations for those who are qualified. These companies should make it clear that accommodations are not only offered but obligatory in some instances. For the eligible candidates, it should not hinder their application process.
These job postings could be unjustified if companies have not already mandated the vaccine at the workplace. Employers cannot demand that new employees are vaccinated if their current employees are not tasked to do the same.
All recruiters and companies need to be clear about their vaccine mandates. If they are planning to only hire employees that are vaccinated and it doesn’t say in the job listing, they need to make applicants aware as soon as possible. It could be a waste of time for both parties involved.
If you require help with vaccination mandates and policies, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.