Answer for Vaccination policy refusal grounds_ Manitoba

[vickyp]

#79934

Yes. The employee is off base. As in all provinces, private sector employers in Manitoba may implement mandatory vaccination policies for their employees. Think of it this way:

1. The Public Health Act relates to the residents of Manitoba and recommends but doesn’t require employees to be vaccinated;
2. However, residents are also subject to the legitimate employment requirements established by their employers;
3. Employers’ HR policies must comply with applicable provincial and federal laws–in this case, the applicable law is the human rights act (note: Implementation of mandatory vaxx for employees doesn’t violate the Public Health Act)
4. To comply with human rights laws, the employer must make reasonable accommodations for those who can’t get vaccinated due to disability, religion or other protected grounds
5. The employee must comply with your policy unless he/she can show you that he/she’s entitled to accommodations
6. A decision not to get vaccinated by a person who can get vaccinated is NOT protected grounds. Direct quote from the Manitoba Human Rights Commission: “It is the Commission’s position that a person who chooses not to be vaccinated as a matter of personal preference – especially where that choice is based on misinformation or misunderstandings of scientific information – does not have grounds for a human rights complaint under The Code against an organization that is implementing mandatory vaccination policy. In other words, personal choice or preference is not a protected characteristic under The Code, and it cannot be justifiably argued that a person was discriminated against because of a choice or preference to not be vaccinated.” http://www.manitobahumanrights.ca/v1/education-resources/resources/pubs/guidelines/guidelinecovidvaccine.pdf The employee must comply with your policy unless he/she can show you that he/she’s entitled to accommodations

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