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Can Employers Require Employees To Get Vaccinated? Plus, Answers To Other Legal Questions As We Return To The Office
Worth ^ | 7/19/2021 | Micki Wagner

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 ...


TOPICS: Chit/Chat
KEYWORDS: vaccinemandates
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To: Freedom4US

Fauxci says fda approval is really just a technicality.

Of course this also is a massive lie.


21 posted on 07/20/2021 12:04:48 AM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: logi_cal869

I have been at my job for 38 yrs. If they mandated the vax, I would quit the next day.


22 posted on 07/20/2021 12:05:14 AM PDT by roving
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To: jmacusa
‘’The dice are on the carpet’’

"and it is aces and eights and Elvis has just left the building."
23 posted on 07/20/2021 12:08:30 AM PDT by MrLucky1966 (GOVT.SYS CORRUPTED! RUN GUN.COM? (Y/Y) GUN.COM NOT FOUND, EXECUTE BASEBALL.BAT? (Y/Y))
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To: MrLucky1966
LOL! Actually the phrase “The dice are on the carpet’’ comes from the 1962 movie “The Longest Day’’ when the BBC was broadcasting such phrases as codes to various French Resistance groups.
24 posted on 07/20/2021 12:10:37 AM PDT by jmacusa (America. Founded by geniuses . Now governed by idiots.)
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To: Impy
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

Yeah, I can understand taking the vaccine if it is experimental if the mortality rate was like 10 percent or higher, the Coronavirus turns you into a zombie or make you grow a third eye, but it is also against the 1948 Nuremburg Protocols, international law, where the person themselves control who goes into their bodies.
25 posted on 07/20/2021 12:12:51 AM PDT by MrLucky1966 (GOVT.SYS CORRUPTED! RUN GUN.COM? (Y/Y) GUN.COM NOT FOUND, EXECUTE BASEBALL.BAT? (Y/Y))
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To: jmacusa

I also liked the old TV show “Combat!” where they said, “Checkmate, King Two, this is White Rook, over!”


26 posted on 07/20/2021 12:26:07 AM PDT by MrLucky1966 (GOVT.SYS CORRUPTED! RUN GUN.COM? (Y/Y) GUN.COM NOT FOUND, EXECUTE BASEBALL.BAT? (Y/Y))
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To: JD_UTDallas
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.“

Wow project much? We all want to know what you are smoking? The CDC never issued a nation wide mask mandate. They do not now nor did they ever have the authority to do so and they never even attempted it. There was NEVER a federal mask mandate so there is no indemnity. Yes employers that forced mask wearing did so in most cases at there own discretion and are accountable for that decision. So yes suzzy the waitress will have lawyers lined up to sue til the cows come home and if I were to end up on the jury she will get a big payout indeed.

27 posted on 07/20/2021 12:39:33 AM PDT by precisionshootist
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To: MrLucky1966
Yeah man! That was my FAVORITE TV show as a kid. Never missed an episode.

Yeah, “Checkmate King Two, this is White Rook, over!’’.

I'd venture to say some of the writers of that show were WW2 vets and that phrase was probably one some writer remembered as a soldier. "The Wild, Wild West'' was another one of my favorites.

28 posted on 07/20/2021 12:43:23 AM PDT by jmacusa (America. Founded by geniuses . Now governed by idiots.)
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To: MrLucky1966; jmacusa

The show “Combat!” is on over the air TV every Saturday night at 9PM ET on the “H&I” network. Several episodes are also on You Tube.


29 posted on 07/20/2021 1:01:10 AM PDT by Hillarys Gate Cult
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To: Freedom4US

That’s all well and good

Several courts have already ruled that employers CAN make such a mandate

Hospital workers are required to take flu shots yearly. Those don’t work either


30 posted on 07/20/2021 1:18:49 AM PDT by Nifster (I see puppy dogs in the clouds)
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To: Nifster

Flu vaccines are not experimental drugs!!


31 posted on 07/20/2021 1:26:46 AM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Hillarys Gate Cult
Yes, you're right. I often go to You Tube and see the old “Combat’’ episodes. They're great.

As a young kid I really didn't understand the emotion, the drama , the pathos and moral conflicts in the stories.

Now as an adult I can and the actors, especially Vic Morrow were great at their craft.

The show often featured up and coming stars of that time like Nick Adams, John Cassavetes , Lee Marvin and many others.

Some years ago the original cast members had a reunion. And inexplicably and sadly Rick Jason who played 'Lieutenant Hanley committed suicide a few days after the reunion. And then there was the tragic scene Vic morrow was doing for Lucus Films and the helicopter crash that killed him.

32 posted on 07/20/2021 1:43:19 AM PDT by jmacusa (America. Founded by geniuses . Now governed by idiots.)
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To: jmacusa

I plan on introducing my grand kids to “Combat” when they are old enough (mature) to begin to understand how deep and wide those story lines really are.


33 posted on 07/20/2021 2:17:32 AM PDT by mad_as_he$$
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To: precisionshootist

Never a federal mandate????

Why do I have to mask up on Planes,Trains and Interstate Busses?


34 posted on 07/20/2021 2:26:31 AM PDT by Laslo Fripp (The Sybil of Free Republic)
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To: mad_as_he$$
Capital idea. ‘Combat’ wasn't strictly a bang bang, shoot ‘em up gory war show. It showed ordinary men caught up in a hellish reality of death and killing interspersed with human stories of men at war.

Looking back on the show there was a barely contained
subtext that “Combat’’ was an anti war show. Vic Morrow, off screen was a pacifist.

35 posted on 07/20/2021 2:27:38 AM PDT by jmacusa (America. Founded by geniuses . Now governed by idiots.)
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To: jmacusa

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.

Yep that’s how to approach it. Put the onus of the responsibility back on them, but put monetary amount of $5 million dollars for any adverse reactions that may occur due to forced compliance in accepting against the Geneva law on an unapproved experimental vaccine.


36 posted on 07/20/2021 2:28:14 AM PDT by The MAGA-Deplorian (Democrats are lawless because Republicans are ball-less!)
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To: logi_cal869

https://www.statnews.com/2021/02/23/federal-law-prohibits-employers-and-others-from-requiring-vaccination-with-a-covid-19-vaccine-distributed-under-an-eua/


37 posted on 07/20/2021 2:35:41 AM PDT by mewzilla (Those aren't masks. They're muzzles. )
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To: The MAGA-Deplorian
Fifty Years Later: The Significance of the Nuremberg Code
38 posted on 07/20/2021 2:37:12 AM PDT by mewzilla (Those aren't masks. They're muzzles. )
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To: Laslo Fripp

“Never a federal mandate????

Why do I have to mask up on Planes,Trains and Interstate Busses?”

I do not know what the correct answer is but the requirement you speak of is the result of a Biden EO.

Do presidential EOs = federal mandate? I don’t know.


39 posted on 07/20/2021 2:40:20 AM PDT by WinMod70
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To: the_Watchman

Think you mean FDA approval. The CDC leadership is pushing propaganda full throttle...but the FDA has some actual procedure and precedence they follow with real sciencey stuff.


40 posted on 07/20/2021 2:41:50 AM PDT by AndyTheBear
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