Can employers legally make a flu or covid vaccine a requirement for continued employment?

[IndyDave1776]

Similarly, does anyone have thoughts on whether colleges can force their students to take the vaccine?

I would consider it unlikely. Education is a very competitive for-profit business. Having the customers say to get bent and walk out the door isn't good for business.

 

[Rookie]

Kruse to introduce bill protecting workers who do not want COVID-19 vaccine

FORT WAYNE, Ind. (WANE) — A Northeast Indiana state senator is looking to ensure worker protections for people who do not want to get the COVID-19 vaccine. Republican state senator Dennis Kruse (R-…

www.wane.com

 

[Hatin Since 87]

I would consider it unlikely. Education is a very competitive for-profit business. Having the customers say to get bent and walk out the door isn't good for business.

In a normal world I would agree. Remember, this is looney tune land, where the people attending college would probably cheer that they kicked out the “other side” for not vaccinating.

 

[Libertarian01]

I suspect that you are right...the "challenged in court" part.

First of all, if there is no employment contract (CBA or otherwise) and the employee is "at will", then the fact that it was not a requirement when hired is irrelevant. Conditions of employment, within the law, can be changed at any time and the employee can decide whether to stay or not.

Generally speaking, I believe that an employer could require an at will employee to be vaccinated as a condition of employment provided there is not a legitimate medical (or religious, possibly philosophical...but probably not) reason to not be vaccinated. Most employers outside healthcare do not require vaccinations, but that's not to say that they could not.

What makes this situation more interesting is the "Emergency Use Authorization." Let's be clear- the vaccines are not "experimental" as that term is used in the regulations. However, they were approved with a truncated process. Hence- "emergency". This could make for an interesting argument against mandatory vaccination as it could be argued that there is a heightened risk...at least until more time goes by. At this point, millions of people have received the vaccination.

Broadly speaking, I would presume that a terminated employee would have a much better shot (no pun intended) at a wrongful termination claim (not necessarily in Indiana) while the vaccine is just under emergency use authorization?

I am guessing their legal strength will greatly diminish once the vaccine goes through the full testing process?

Regards,

Doug

 

[Twangbanger]

Broadly speaking, I would presume that a terminated employee would have a much better shot (no pun intended) at a wrongful termination claim (not necessarily in Indiana) while the vaccine is just under emergency use authorization?

I am guessing their legal strength will greatly diminish once the vaccine goes through the full testing process?

Regards,

Doug

I'm waiting to see if the new Congress will attach something to legislation granting employers lawsuit exemption if they require it.

Seems a little outside the Overton Window at the moment, but they've spent a year making this "Public Enemy #2," and nothing would surprise me from this bunch.

 

[jkaetz]

In a normal world I would agree. Remember, this is looney tune land, where the people attending college would probably cheer that they kicked out the “other side” for not vaccinating.

Isn't this the truth.

 

[smittygj]

Reminds me of the anthrax vaccine 20+ years ago when I was "forced" to take it in military.
After second dose and many reactions they suspended giving us any further vaccinations. This was before it was FDA approved.... I'm gonna take the covid vaccine as I'm an at risk individual due to health complications, but I do it begrudgingly.

 

[HoughMade]

One thing to not- "emergency approval" means it IS FDA approved. It is NOT experimental as that term is defined in the law.

Further, as millions of people have already been vaccinated and soon tens of millions in the U.S. and tens of million overseas, unless there is something new learned about adverse reactions soon, by the time the general populace can be vaccinated, it will not really be considered in any different category than another vaccine for employer mandate purposes.