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.”
Where have I ever said I want to force anyone to get a vaccine. Obviously you cannot read. I simply have pointed out a private enterprise can in fact require this. If you read the entire thread which I guess you are incapable of doing you would see I have already prepared my enterprise and said it is optional
I guess when you can’t make an argument you simply make things up. Next time try not to act a fool by having the facts in command before spouting off.
Quite the opposite. I am 100% pro individual freedom. And if someone can’t get a job because they don’t want an injection of an unproven vaccines, then we really don’t need a constitution. If one person gets ill from this vaccine I hope they become a millionaire to make other companies think long and hard before making anyone else inject themselves with an unproven vaccine. The ONLY EXCEPTION I can see is for carevivers who work directly with very high risk patients on a daily basis, BUT that would be it.
They’ve been working unsuccessfully for decades on vaccines for herpes, the common cold and a bunch of other diseases. Anyone who thinks that a vaccine for Corona virus will be ready in a few months or even a year, is delusional.
Schools, Military, Hospitals, Nursing homes, and more already have this Policy.
Forgive me, your rambling, incoherent post, full of misspelling was hard to understand. I guess that’s what an “education” at Emory will do to you.
Are you immune from the Flu once you have it? We would not need a new 1 every year. Nor does COVID GARAUNTEE it won’t be a yearly shot, same CRONA VIRUS.
I remember having 3 day measles twice. Old enough we didn’t get vaccines. Smallpox the school gave out. We 4 were just exposed early.
Some schools mandate 36 vaccines, some are series of 3, plus boosters.
Gee, another cogent argument from someone who cannot make a reasonable response.
You are rapidly approaching moron wall of fame status.
If an employer can’t make employees get a flu shot, I don’t see how an employer can require employees to get a WuFlu shot.
Yes. Employers can, just as employers can ban employees from bringing anything they think is dangerous to work, and if they think someone who is not vaccinated is dangerous to their work force, they can force the individual to chose between not taking the vaccine and their job. Schools have always had and still have the ability to say the same thing about kids that attend their school - no vaccine, you can’t go to that school.
“That’s right in the well-known hoax-pandemic Constitutional rights-nullification clause of the US Constitution. “
The individual rights in the Constitution are rights against being legally coerced against your will by GOVERNMENT. The entire set of rights are about you and government.
They are not about your personal private relationships you voluntarily enter into, like working for a particular employer.
Your employer is not the government. They are not constrained by the sanctions against GOVERNMENT, in fact, just like an individual, they are protected against being forced to make rules, to please the government, when contrary to the rules they see as necessary. You are in THEIR private domain when you are at work, not the public square.
Don’t worry, you are already there. Be careful with the Sevoflurane.
Most people who know what the hell they are talking about simply refer to it as sevo. Glad you can google an anesthesia drug. Wow. Impressive. And you still have not made an argument. It’s ok we know you can’t.
Sad
You do realize that the constitution applies to the government and it’s relarionship with its citizens. You are aware that the bill or rights restrains the government. And that the constitution provides for contracts and freedoms between private entities without government interference
You obviously have no basic understanding of basic American civics.
You seem to think that you are worth an argument and worth arguing with. You aren’t. You amuse me.
I do apologize, I shouldn’t have “needled” you with the sevo. Cough... Cough... Cough...
It wasn’t my intention to make you angry. Your anger can be distracting. Distractions can be difficult. Cough... Cough... Cough... You might end up in a “wrong site” situation. Cough... Cough... Cough...
You apparently are off your meds
And I’m not the least bit angry. Why would I be angry that you are an idiot. Just pointing out the truth
Who dies from this disease that it is worth injecting unproven vaccines?
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