Vaccine Mandates And Lessons On Legal Compliance

By Alan Berkowitz, Linda Dwoskin and Rhiannon DiClemente (July 6, 2018, 1:46 PM EDT) -- Whether it's measles outbreaks on a cruise, Ebola scares or regular flu season concerns, preventing the spread of disease has become a top priority for employers in the health care industry. Unfortunately, health care personnel responsible for patient care have a heightened susceptibility to exposure to diseases and possible transmission. Not surprisingly, an essential component of health care employers' efforts to prevent the spread of disease has been the implementation of mandatory employee vaccination programs. Private employers, generally, are not legally prohibited from making vaccination a condition of employment. That being said, under the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964, and analogous state law, employers who do so must be prepared to handle requests for medical or religious-based accommodations from employees who claim they cannot be vaccinated due to a disability or religious belief. Terminating or disciplining an employee who declines to get a vaccine because of a disability or religious belief exposes an employer to significant risk of a discrimination lawsuit....

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