Posted on 09/17/2020 6:44:36 PM PDT by DoodleBob
The eventual COVID-19 vaccine is primed to create a legal showdown for many employers.
According to a summer Gallup poll, 35% of Americans would not get a free, FDA-approved vaccine if it were available today.
This places companies in a predicament. How can they protect their employees if more than one-third are unwilling to take the vaccine?
The default rule in the American workplace—excluding employers in Montana and Puerto Rico—is to observe at-will employment, which generally means employees can be terminated for any reason if it’s not illegal or prohibited by employment contracts or collective bargaining agreements, says Alissa Kranza, attorney at Lieser Skaff Alexander law firm.
“Employers need to stay informed of the particular laws in their state and look at their particular employee contract, agreement or handbook to determine what specific situations will allow for termination,” she says. “Ultimately, those contracts will dictate whether or not termination is allowed for refusing a vaccine.”
Since the virus travels across state lines, there’s also been talk of Congress mandating a vaccine under the commerce clause, but Kranza believes this is unrealistic. She says employee rights would be at risk and it could trigger an avalanche of lawsuits.
Unfortunately, there isn’t a uniform practice for what HR can do. Every industry is different. So are their employees and jobs. She suggests that HR evaluate the makeup of its workforce and review current policies or processes for handling exemption requests. For those needing a religious exemption, it’s not the religion itself that matters, she explains, but the sincerity of the employee’s belief in those practices, even if they’re not widespread.
Employees may also refuse a vaccination under OSHA or ADA laws if it threatens to do more harm than good. Some may take biologics or drugs that weaken the immune system, for example, which increases their risk of catching the virus, becoming seriously ill or even dying.
In such scenarios, Kranza says, protected workers will require accommodations, such as working remotely, or being reassigned to other jobs where they can use a plexiglass screen, social distance, wash their hands or wear a mask.
Meanwhile, HR is better off making vaccines optional versus mandating them, which tends to sour or terminate employee relationships, she says, adding that HR can launch a pro-vaccine campaign. However, if someone has a bad reaction to the vaccine, that could result in a worker’s compensation claim.
Looking ahead, Kranza says, HR’s path is “clear as mud.”
“There are a lot of [people] who want to push this as though things are clear and employers can force everyone [to get vaccinated] and there won’t be any backlash,” she says. “We’re a big country and will get different reactions.”
there are many on FR who think the big corporations in concert with big government should be allowed to trample your God given liberties...sad.
You sound more like me every day. I just don’t know which half though.
Bull. I hope the busniesses that mandate this get sued out of existence.
Said like a true democrat.
Btw, forcing people to get a test, and forcing them to inject something into their bodies are two very different things.
Me personally, outside of Trump, I don’t trust those in government at any level, nor to I trust most of those in the medical field, or those attempting to force people to inject concoctions into their bodies. For example, if you want to get injected with whatever, fine. I have no problem with that.
I have two sides as well. :)
I’m working on staying more to one side though.
“Businesses will lose in the end.”
No, because their INS Companies are going to tell them to require the shots for all employees.
If they can require employees to quit smoking, they sure as hell require you to get a shot.
The article is your friend.
The default rule in the American workplace—excluding employers in Montana and Puerto Rico—is to observe at-will employment, which generally means employees can be terminated for any reason
but
......HR is better off making vaccines optional versus mandating them, which tends to sour or terminate employee relationships
On what grounds? You hope a private and free enterprise gets sued out of business for making a decision that it feels is in its best interest for safety of its employees and clients. So in YOUR private life if you do something someone else objects to YOU should be sued? Really?
I had no idea that you were anti-private enterprise and anti-freedom. I suppose in your book freedom is great as long as people are free to agree with you, but the minute someone disagrees with you sue them out of business.
Again, on what grounds? Is a private entity required to hire you and keep you employed regardless? Thank God I work in a right to work and at will state. Why dont you tell me under what masterful legal theory you have that a PRIVATE employee cannot mandate a vaccine for its PRIVATE employees who have an option to work somewhere else if they dont like their employer. I see no Title IX violation, I just see someone who thinks it is ok to impose your will on a private enterprise.
The liberal board is DU. You will feel more comfortable over there taking this position.
Good point,
In my business a hospital can mandate us to take a vaccine, in my private enterprise, I have given my employees the option.
What good would it do to have employers force injections on their employees, when tens of millions of others will flat out refuse?
Do you support for those who refuse to have the government shut their water and power off until they comply?
No. I was taking care of very fragile infants. Highly susceptible. Flipping burgers? Not so much.
Fascism is: corporatism:
is:
corporations and government joined at the hip.
Enforcement of executive decisions upon We-The-People via corporate enforcement. Executive decisions are not _law_
- so enforcement of non-law upon USAians.
Evil gets around this by having corps. do the policing.
Non-compliant individuals will not be able to buy-sell-work; leading eventually, to required proof of compliance to buy-sell-work. This evil _is_ fascism.
Sound familiar?
It is not "very different things".
It is all the same power grab.
What about people who visit these companies, like clients, salespeople, potential employees there for interviews etc, etc?
Decrees by executive branch gov at every layer, throughout USA.
Draconian decrees. Legislature not willing to pass such, but executive branch decrees (are willing)...
Law comes from legislation only and it is written down.
No, they can not.
They can suggest and strongly encourage but Title Six says that if they have a religious objection you have to let it go.
The company makes the rules and employees either work within those rules or go somewhere else.
It’s that way everywhere I’ve ever worked.
What good would it do to have employers force injections on their employees, when tens of millions of others will flat out refuse?
For those who refuse do you support the government shutting their water and power off until they comply?
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