Logan Reed
The COVID-19 pandemic has forced many real estate agents to adapt their business models, with open houses cancelled and listings pulled from the market. The question of whether real estate agents are considered essential workers has been a complex one, with definitions of essential business varying across federal, state, and local governments, and changing over time. While some states, such as Massachusetts, have included real estate services in their essential services orders, others like New York have imposed restrictions on in-person activities. As vaccines continue to roll out, real estate employers are navigating how to approach vaccination policies within their workplaces, particularly with a mix of in-person and remote employees. While some companies across various industries are mandating vaccines for their staff, real estate employers must consider the unique challenges of their industry when designing vaccination programs, taking into account the various types of workplaces and job positions.
| Characteristics | Values |
|---|---|
| Real estate agents' status as essential workers | This varies by location and time. For example, in Ventura County, California, real estate agents went from non-essential, to essential, and back to non-essential within 12 days in April 2020. In Massachusetts, residential and commercial real estate services are listed as essential, but New York has specific restrictions around real estate workers, requiring services to be conducted remotely unless in-person contact is necessary. |
| Vaccination requirements for real estate agents | This varies by company policy and location. Some companies are making vaccination compulsory for their staff, while others are leaving it as a personal choice. Some states and local governments are imposing vaccination mandates, and employers with 100 or more staff will need to ensure their employees are either fully vaccinated or produce weekly negative COVID-19 tests. |
| Real estate agent employers' considerations | Employers in the real estate industry face unique challenges in designing workplace vaccination programs due to the various types of workplaces and the nature of job positions. They must also consider the risk of COVID-19 transmission and whether unvaccinated employees can be accommodated in a virtual environment due to disability or religious beliefs. |
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What You'll Learn
- Real estate agents' status as essential workers varies by location
- Essential workers have priority access to COVID-19 vaccines
- Real estate employers are considering mandatory vaccination policies
- Some real estate firms are mandating vaccines for their employees
- Real estate employers face challenges in designing vaccination programs
Real estate agents' status as essential workers varies by location
The status of real estate agents as essential workers has varied across different locations and at different times during the COVID-19 pandemic. In the United States, the definition of "essential workers" has been determined by both federal and state authorities, with some states and locales having specific rules and requirements.
At the federal level, the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency (CISA) provides guidance on identifying essential workers. However, states have the flexibility to prioritize workers based on local economic and infrastructure needs, ethical considerations, and equity factors. As a result, the categorization of real estate agents as essential workers can differ from state to state.
For example, in California, real estate agents in Ventura County experienced fluctuations in their essential worker status. Initially, they were deemed non-essential, then essential, and finally back to non-essential within a short period. On the other hand, Massachusetts' COVID-19 Essential Services Order lists residential and commercial real estate services as essential, while New York's Executive Order 202.6 has specific restrictions, requiring most real estate services to be conducted remotely.
The varying definitions of essential workers have posed challenges for real estate industry employers when designing workplace vaccination programs. Employers must navigate the different state and local plans for vaccine rollout and determine when and how their employees, including real estate agents, will be eligible for vaccination. Some states may prioritize employees with public-facing roles, such as those conducting in-person appraisals or showings.
Additionally, real estate brokerage firms have had to make decisions regarding vaccination mandates for their staff. While some companies have made vaccination compulsory for employees entering the workplace, others have left it as a personal choice. Employers must also consider accommodating exception requests and providing reasonable accommodations for medical or religious reasons.
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Essential workers have priority access to COVID-19 vaccines
The COVID-19 pandemic has brought about a new set of challenges for the real estate industry, including how to approach COVID-19 vaccinations within their workplaces. Real estate industry employers are considering how to design workplace vaccination programs that take into account the various types of workplaces and the nature of job positions.
Some real estate employers have essential employees who are working in person to keep operations, such as residential and commercial buildings, functioning. These employees may be prioritized for COVID-19 vaccines due to the public-facing nature of their work and state definitions of essential workers. For example, Massachusetts' COVID-19 Essential Services Order lists residential and commercial real estate services as essential, while New York's guidance has specific restrictions around real estate workers, stating that real estate services should be conducted remotely where possible.
Real estate industry employers should consider the involvement of human resources, legal counsel, operations, and safety personnel when designing a mandatory or "encouraged" vaccination program. They should also identify the various states in which their employees work and determine whether any of the jobs are classified as "essential" under each state's definitions, as some states have nuances in terms of which jobs are deemed essential.
In terms of mandatory vaccination policies, the United States Equal Employment Opportunity Commission (EEOC) enforces workplace anti-discrimination laws, and current guidance states that federal EEO laws do not prevent an employer from requiring all employees physically entering a workplace to be fully vaccinated against COVID-19, subject to reasonable accommodations and provisions. Employers should be prepared to handle exception requests and implement accommodations where necessary for medical or religious reasons.
Some real estate firms have already implemented vaccination requirements for their employees, while others have left it as a personal choice for their staff.
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Real estate employers are considering mandatory vaccination policies
The COVID-19 pandemic has forced real estate employers to consider implementing mandatory vaccination policies for their employees. The real estate industry faces unique challenges in designing workplace vaccination programs due to the variety of workplace settings and job roles.
Some real estate employers have essential employees who work in person to maintain operations in residential and commercial buildings. These employees may be prioritized for vaccination due to their public-facing roles and the nature of their work. Real estate employers should be aware of each state's vaccination plan and the tiered rollout of vaccines, as some employees may be eligible for vaccination earlier than others.
When considering a mandatory vaccination policy, real estate employers should involve human resources, legal counsel, operations, and safety personnel to ensure the program aligns with the company's operational needs, culture, and employee safety. They should also determine whether any jobs are classified as "essential" under each state's definitions, as some states have specific nuances regarding which jobs are deemed essential.
Additionally, real estate employers must be prepared to handle exception requests to mandatory vaccination policies, particularly regarding medical and religious accommodations. They should also address pay obligations for vaccination-related time off, potential post-vaccination absences, employee objections, safety measures, and confidentiality of vaccination information.
While mandating vaccinations, employers should also consider the risk of COVID-19 transmission at in-person events and provide virtual alternatives to accommodate unvaccinated individuals due to disability or religious beliefs. Real estate brokers have a responsibility to keep staff safe by implementing COVID-safe policies and limiting the spread of COVID-19 in the workplace.
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Some real estate firms are mandating vaccines for their employees
The COVID-19 pandemic has raised questions about whether real estate agents are considered essential workers. In the United States, the federal, state, and local governments have defined and redefined what constitutes an "essential business". Real estate agents in Ventura County, for instance, experienced a shift in their classification within a short period: they went from non-essential to essential, and then back to non-essential.
In March 2020, the DHS excluded residential and commercial real estate services from essential businesses. However, due to lobbying efforts, "residential and commercial real estate services" were added to the DHS's list of essential business services a few days later. Despite this, Ventura County, where real estate services were not deemed essential, created its own list, excluding real estate from essential services.
The varying definitions and classifications of essential businesses across different states and localities have posed challenges for real estate industry employers when designing workplace vaccination programs. Some real estate firms have mandated COVID-19 vaccines for their employees, while others have taken a softer approach, encouraging vaccination without making it compulsory.
CP Group, a Florida-based company with a portfolio of 23 properties, implemented a vaccination mandate for its employees, allowing exceptions for medical or religious reasons. The Durst Organization and The Related Companies, New York City-based office and apartment building owners, also announced vaccine mandates for their workers, threatening termination for non-compliance.
On the other hand, JLL, the world's second-largest commercial real estate services firm, has not mandated vaccines as a prerequisite for returning to the workplace, instead choosing to follow the guidance of local governments and health experts. Lee & Associates, a commercial brokerage and advisory firm, has left the decision to individual offices, allowing each location to determine its policies based on local conditions.
As the pandemic evolves, real estate industry employers must navigate the complexities of vaccination mandates, employee exceptions, and compliance while staying updated with state and local guidelines to ensure the safety of their employees and the public.
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Real estate employers face challenges in designing vaccination programs
Real estate employers are facing a unique set of challenges in designing and implementing workplace vaccination programs. The industry comprises various types of workplaces and job positions, including commercial and residential property management companies, sales and leasing brokerages, and essential employees working in person to maintain operations in residential and commercial buildings.
A key challenge is determining which employees are eligible for the vaccine and when. This involves reviewing each state's vaccination plan and identifying the tiers of rollout, including any time frames. For instance, employees conducting in-person appraisals, valuations, or showings may be prioritised due to their public-facing roles and state definitions of essential workers. Additionally, employers should be mindful of rules in certain states and locales requiring employees to delay vaccinations if they are working remotely.
Another challenge is deciding whether to implement a mandatory or "encouraged" vaccination program. While the EEOC does not explicitly state that employers can mandate vaccines, it seems implicit in their guidance, which includes certain obligations such as exceptions and accommodations for disabilities, pregnancies, and religious beliefs. Real estate employers should carefully review issues surrounding informed consent and stay updated on evolving state and local laws regarding mandatory vaccinations, as the legislation is subject to change.
Employers should also consider the practical aspects of their vaccination programs. They can assist employees in finding vaccination sites and provide educational information on the application process, eligibility requirements, and state-specific plans. Furthermore, employers should determine whether proof of vaccination will be required and whether essential employees need a letter from the company confirming their status.
Lastly, real estate employers should be prepared to handle exception requests and implement accommodations for employees who meet the criteria. They have the right to evaluate the legitimacy of these requests and can ask for further information. However, they should presume the requests are legitimate unless there are valid grounds for questioning them. Confidentiality of employee information must also be maintained.
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Frequently asked questions
This depends on the state and local definitions of "essential workers". For example, Massachusetts' COVID-19 Essential Services Order lists residential and commercial real estate services as essential, but New York Executive Order 202.6 has specific restrictions around real estate workers, stating that real estate services should be conducted remotely.
Real estate employers should consider the various types of workplaces and the nature of job positions. They should also identify the different states in which their employees work and determine whether any of the jobs are classified as "essential" under each state's definitions.
According to the United States Equal Employment Opportunity Commission (EEOC), federal EEO laws do not prevent an employer from requiring employees entering a workplace to be fully vaccinated, subject to reasonable accommodations and provisions. However, employers should be mindful of anti-discrimination laws and the latest health advice from the government.
