Ask the ExpertCAN YOU REFUSE EMPLOYMENT WHEN AN APPLICANT HAS NOT HAD THE COVID-19 VACCINATION? – ON
Seiko Harada asked 9 months ago

The company is looking to hire a temporary contractor. One candidate who were presented by an agency claims he is not vaccinated. We currently don’t have vaccine mandate policy in place, but can we refuse to hire this person? Offer or anything like that has not been put forward.

1 Answers
Glenn Demby Staff answered 9 months ago

Best scenario: Reject him based on his credentials and experience using your standard hiring criteria so the decision isn’t vaccination-related. If he is qualified and the vaccine is the only reason for rejecting him, just be sure that: 

  1. You can document that you’ve done site-specific COVID assessment and concluded that bringing in an unvaccinated person would pose undue risk
  2. You follow that approach consistently with all applicants seeking similar positions–otherwise the vaccination justification might come off as a pretext
Seiko Harada replied 9 months ago

Thank you!