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.”
I just hope every corporation that mandates this gets sued off the face of the earth by the Alan Rothenbergs and Morgan and Morgans of the world if anything goes wrong, which is likely.
Ok. Enjoy communism. You are clearly on the wrong board. Hang a left and go to DU
Enjoy facsism
Oh I don’t know. Parents. Grandparents. And it’s not an untested vaccine. All vaccines will have complete all three phases of trial prior to release. You can’t help telling lies or is it intentional?
I’d like to enjoy liberty.
I’d like to enjoy liberty.
How is it fascistic that two private entities engaged in a contractual relationship have recitals and agreements. Perhaps it is that you don’t know the meaning of fascism? You are full of talking points that you don’t quite understand.
How is it fascism for a private enterprise to require someone who voluntarily works for them to be vaccinated? Please answer this question and avoid name calling or deflection.
DidbI say untested?
Yes they can. With some exceptions. Especially if it’s not union.
It is Liberty you idiot. Liberty is a two way street. You don’t believe in the freedom of a private business to impose conditions on employment? Ok. No uniforms. No benefits. Whatever. You only believe in YOUR liberty. No private business owes you a job, Einstein.
You simply don’t care about other people’s private liberties. In case you didn’t realize it your are free to NOT work for enterprises that require a vaccine. Wow. Isn’t that amazing?
Anyone who is rooting for Morgan and Morgan who takes Soros money simply doesn’t belong here
See ya, troll!
Said employer will also incur significant liability for any negative reactions to a required vaccine. My guess most outside of the medical community will go the route of encouragement rather than requirement.
My guess most in the health care sector will.
Health insurance provider would like it. Not so sure about liability insurers.
They already do for the Flu vaccine.
They could, depending on their HR policies, which they can change. Many suggest it. This is why they don't require it.
Note my link in post 96.
Hey nice guy...so hoping kneejerk decisions by HR departments of corps to coerce employees to inject themselves with unproven vaccines get sued if something goes wrong is being a troll? You don’t care for individual citizen liberty so much do ya? Just the ability of a big corporation to stomp on you with the threat of ruining your livelihood. Hopefully it gives them pause. You are probably the same type who thinks Facebook should be allowed to stomp out conservative opinions because...hey we can post our opinions on Free Republic...that’s the sameeee.
Unproven?? All three phases of clinical trials are unproven. Just like every other therapy?
You’re certainly not a fan of the free market at you. All this misinformation to deal with. Where else to start?
Most businesses are small business so they fire breathing evil HR of large Corp is a red herring. And even to the extent that it may be if they do something stupid and lose employees they lose their business. And again. It’s private relationship. You seem to NOT want to deal with this inconvenient issue; a private contract is just that. You just want YOUR WAY. No one owes you a job in the private market. The risk is that no one will work for an unreasonable employee.
You are no better than the libs who run their city into a ground and then move and vote for the same stench at the next place and ruin it. You don’t want to answer the question. You say you want business sued out of existence for exercising its free choice. That’s pathetic. Don’t like it ... compete! Start a business with like minded employees and make a run at it
Otherwise you see you are free to work or not to work for someone you disagree with. You are not free to enforce your will on the employer just as you don’t want anything forced on you
I guess In your world everyone has to bend to your opinion or get sued. You are exactly the reason business May insist on vaccination because ravenous lawfare warriors like you who support Soriano funded Morgan and Morgan will if someone gets CoVId from their establishment. You are the reason business costs so much to operate. And the only freedom you care about it yours
Hypocrite.
It will be just like employers and smoking. Their health ins companies will tell them to ban smoking or their rates will double.
When their ins company tells them to require the shots that is what they will do, and all the other employers will follow suit.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.