Posted on 07/19/2021 10:01:06 PM PDT by logi_cal869
As many companies begin to reopen offices and bring employees back in, many are requiring that employees be fully vaccinated. But can companies actually require that of their employees from a legal standpoint? And what legal pitfalls do employers need to be aware of while navigating this tumultuous time?
Worth sat down with Domenique Camacho Moran, partner in the labor and employment practice of New York-based law firm Farrell Fritz, to discuss if employers can legally require their employees to get vaccinated, if employers can legally penalize an employee for not doing so and the biggest workplace health issue that has arisen during this time.
Domenique Camacho Moran
Q: Let’s start with the biggest question here, and that is, can employers legally require their employees to be fully vaccinated before returning to the office, and is it lawful for employers to implement a penalty if they don’t comply?
A: Yes, employers can legally require employees to be fully vaccinated with the caveat that they will have to provide a reasonable accommodation to those who cannot be vaccinated due to a disability or a sincerely held religious belief. In those circumstances, the employer is required under the law to engage in an interactive dialogue with the employee to determine if there is a reasonable accommodation that can be granted in lieu of full vaccination.
As for a penalty, employers can adopt a mandatory vaccination policy and separate those who choose not to comply as long as those employers offer to reasonably accommodate employees who are not vaccinated because of a disability or sincerely held religious belief.
So, provided you don’t have a disability and/or a strongly held religious belief, can a company rightfully penalize an employee for not getting vaccinated, including laying that employee off?
(Excerpt) Read more at worth.com ...
"The chair is against the wall"
Regards,
She was told she had to get a flu shot. My wife is an asthmatic and prone to reacting negatively to various medications and vaccines.
She told her employer she would take the shot under the condition that her employer take full responsibility legally and medically in the event she had a negative reaction to the vaccine.
Her employer backed off from agreeing to my wife's request and she was never bothered again.
Regards.
I now know of more than five people who chose to quit and get a different job, rather than get a vaccine.
If my employer required it, I’d leave, too.
Sure,Anything happens you’re on the hook for my medical,right???????
Jean has a long moustache.
I think this article is an example of “Misinformation”, as the kids are all calling it these days.
Employers, schools, colleges, the military can absolutely require Vaccinations, that much is true.
But only Vaccines that have been approved by the FDA. See the difference?
That hasn’t happened witht the COVID-19 vaccines. They have received what’s called an “EUA” or emergency use authorization. They are experimental at this point.
Federal law prohibits requiring anyone to participqte in experimental medical trials. It also prohibits coercion. This isn’t just an opinion, it’s black letter federal law.
And anyone who wants to opine on these matters, well the first thing is, they should know this already. If they don’t they are incompetent, seems to me. If they do know this already, I don’t know what to think.
I wonder if that lawyer knew that none of the vaccines have full CDC approval?
They have no right to know whether you are or aren’t. This isn’t the Black Death and the vaccine is not even fully approved. Take it if you want to, or don’t.
Can Employers be held liable when their requirement kills the employee, as has already happened?
The military is already planning on September for mandatory vaccines. Having served for over a decade we were airgunned and stabbed with dozens at a time. I knew people who refused the anthrax vaccines they were given BCDs and run out of the service.
Why September you ask because that’s when the FDA is expected to full approve the Pfizer and Moderna vaccines and after wards every military person and likely every federal government employee will be mandated to take it or be discharged or fired. Date this post I’d bet real money it. FDA approval comes in September the military wouldn’t mandate it without that approval. Not because of the Nuremberg code the USA is not a party to that treaty never will be likely the reason is FDA approval eliminates liability for disability pay for service members vs the EUA.
Yup. That’s exactly what she told them.
And boy did they back off and fast.
‘’The dice are on the carpet’’.
I read something by one employer trying to conflate "approved" (by the employer) with "FDA approved" when in fact these "vaccines" (the three US ones) are still not FDA approved at all, the CDC disclaimer is still there with each one last time I checked (Moderna, Pfizer, J&J). None are FDA approved. Last checked a couple of weeks ago and I have heard of no FDA approval since then.
Religious Exemption.
Prior adverse reactions to vaccines.
No. They can tell you one must take a shot. But each person is different.
According to regulations, they must make accommodations. Except what we are being inundated with in this political climate, who the hell knows. Challenge at every level.
I thought if the vaccine was only given an emergency use exception they can’t fire the employee?
In my opinion absolutely. Worse yet when long term health problems have been proven to be caused by mask wearing any employer the forced employees to wear a mask should and most likely will be sued out of existence.
Well, those who support the Plandemic do routinely state that it’s legal, lawful etc. I would be more interested in knowing what a COnstitutional lawyer, if there is any not purchased by now, or at least a MAGA lawyer who believes in the Constitution, has to say. :)
Otherwise, of course the MSM, Gates funded universities etc. are all going to parrot ‘it’s legal! it’s legal! Bwak!”
I want what your smoking. The declaration of a national level emergency and compliance to CDC level mandates gives employers, state and local governments indemnity to civil suits. If you think suzzy the waitress is going to get a cash payout because her restaurant made her wear a mask and she got a rash or mouth infections you are insane. Same for corporations they all have indemnity as long as the state of declared emergency is active.
Can employers demand you take any medical drug or vaccine they want? “Its what we expect all our employees to do” is all that is required now apparently.
For those who dont want to its a false choice. Its done under duress.
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