{"id":559875,"date":"2021-06-10T17:22:22","date_gmt":"2021-06-10T21:22:22","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=559875"},"modified":"2021-06-10T17:22:23","modified_gmt":"2021-06-10T21:22:23","slug":"can-an-employer-mandate-a-covid-19-vaccination","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/can-an-employer-mandate-a-covid-19-vaccination\/","title":{"rendered":"Can An Employer Mandate A COVID-19 Vaccination?"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">14<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fcan-an-employer-mandate-a-covid-19-vaccination%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=559875&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/05\/vaccine-2-1.jpg?w=1200&#038;h=800&#038;ixlib=react-9.0.3\" class=\"ff-og-image-inserted\"  style=\"display:none\"><\/div>\n<p>More than 140 million Americans have been fully vaccinated against COVID-19, but the rate of vaccinations has dropped off in recent weeks, putting in jeopardy President Joe Biden\u2019s goal of 70% of adults having taken at least one dose by July 4.<\/p>\n<p>The Centers for Disease Control and Prevention (CDC) said last week that 63% of Americans have received at least one shot, but an <a href=\"https:\/\/www.cidrap.umn.edu\/news-perspective\/2021\/06\/over-60-us-adults-have-least-1-covid-shot\">analysis<\/a> by USA Today projects that U.S. vaccinations will reach only 67% of adults by Independence Day.<\/p>\n<p>While many states have offered incentives \u2014 from $1 million lotteries to tuition-free college to marijuana cigarettes (in a program dubbed \u201cJoints for Jabs\u201d) \u2014 some experts fear that the numbers will continue to flatten.<\/p>\n<p>That brings up a major question: Can an employer mandate that employees take the vaccine or risk losing their jobs?<\/p>\n<p>The Equal Employment Opportunity Commission (EEOC) said May 28 that businesses can indeed require that their employees be vaccinated against COVID-19 without violating federal law.<\/p>\n<p>But in the updated\u00a0<a href=\"https:\/\/www.eeoc.gov\/newsroom\/eeoc-issues-updated-covid-19-technical-assistance\">guidance<\/a>, the EEOC said employers must make \u201creasonable accommodations\u201d for employees who don\u2019t get vaccinated because of a religious beliefs, pregnancy, or a disability. The agency also said that other federal laws, such as the Americans with Disabilities Act (ADA), and state and local laws may play a factor in what businesses can do.<\/p>\n<p>\u201cFederal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations. Other laws, not in EEOC\u2019s jurisdiction, may place additional restrictions on employers. From an EEO perspective, employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement,\u201d the guidance says.<\/p>\n<p>\u201cThe updated technical assistance released today addresses frequently asked questions concerning vaccinations in the employment context,\u201d EEOC Chair Charlotte A. Burrows said in a statement. \u201cThe EEOC will continue to clarify and update our COVID-19 technical assistance to ensure that we are providing the public with clear, easy to understand, and helpful information.\u201d<\/p>\n<p>The EEOC also said businesses can offer incentives to employees to get vaccinated \u201cas long as the incentives are not coercive.\u201d<\/p>\n<p>XpertHR, an HR compliance resource, <a href=\"https:\/\/www.xperthr.com\/\">notes<\/a> that the EEOC cautions that employers must still provide reasonable accommodation for employees who are exempt from a vaccination mandate under the Americans with Disabilities Act and Title VII of the Civil Rights Act.<\/p>\n<p>\u201cThe EEOC\u2019s updated guidance also emphasizes the need for employers to be aware of the potential disparate impact of mandatory vaccination policies along the lines of race, color, religion, sex, age or national origin,\u201d says Melissa Gonzalez Boyce, legal editor of XpertHR. \u201cFor example, because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination, a mandatory vaccination policy could disproportionately impact employees in those categories.\u201d<\/p>\n<p>But there\u2019s another rub. The vaccines from Pfizer, Moderna, and Johnson &#038; Johnson have never been fully approved by the Food and Drug Administration (FDA). Instead, they all received \u201cemergency use authorization\u201d (EUA).<\/p>\n<p>The FDA <a href=\"https:\/\/www.fda.gov\/vaccines-blood-biologics\/vaccines\/emergency-use-authorization-vaccines-explained\">explains<\/a> it this way: \u201cAn Emergency Use Authorization (EUA) is a mechanism to facilitate the availability and use of medical countermeasures, including vaccines, during public health emergencies, such as the current COVID-19 pandemic. Under an EUA, FDA may allow the use of unapproved medical products, or unapproved uses of approved medical products in an emergency to diagnose, treat, or prevent serious or life-threatening diseases or conditions when certain statutory criteria have been met, including that there are no adequate, approved, and available alternatives. Taking into consideration input from the FDA, manufacturers decide whether and when to submit an EUA request to FDA.\u201d<\/p>\n<p>In FDA <a href=\"https:\/\/www.fda.gov\/media\/97321\/download\" target=\"_blank\" rel=\"noopener noreferrer\">guidance<\/a> on EUAs, the federal agency says it is required to \u201censure that recipients are informed to the extent practicable given the applicable circumstances \u2026 that they have the option to accept or refuse the EUA product \u2026\u201d<\/p>\n<p>Dr. Amanda Cohn, the executive secretary of the CDC\u2019s Advisory Committee on Immunization Practices, was asked in October 2020 if COVID-19 vaccinations can be mandated. She <a href=\"https:\/\/www.cdc.gov\/vaccines\/acip\/meetings\/downloads\/min-archive\/min-2020-08-508.pdf\">said<\/a> that under an EUA, \u201cvaccines are not allowed to be mandatory. So, early in this vaccination phase, individuals will have to be consented and they won\u2019t be able to be mandatory.\u201d<\/p>\n<p>But that\u2019s for the federal government. Certainly, businesses cannot violate federal regulations, but until now, it\u2019s been unclear what they can and can\u2019t do regarding mandating COVID-19 vaccines.<\/p>\n<p>The FDA\u2019s guidance came as employees at a Texas hospital filed a suit over the facility\u2019s mandate that they get vaccinated. Houston Methodist Hospital, which manages eight hospitals, gave employees until June 7 to get the vaccine or they could be suspended or fired, the lawsuit claims. So, 117 unvaccinated employees banded together and filed suit.<\/p>\n<p>\u201cMethodist Hospital is forcing its employees to be human \u2018guinea pigs\u2019 as a condition for continued employment,\u201d the complaint states,\u00a0<a href=\"https:\/\/www.washingtonpost.com\/nation\/2021\/05\/29\/texas-hospital-vaccine-lawsuit\/\" target=\"_blank\" rel=\"noopener noreferrer\">according<\/a>\u00a0to The Washington Post.<\/p>\n<p>The lawsuit noted that the U.S. Food and Drug Administration (FDA) has not fully approved the vaccines, instead issuing only emergency use authorization. They allege that the hospital is \u201cillegally requiring its employees to be injected with an experimental vaccine as a condition of employment.\u201d<\/p>\n<p>The complaint also cites the Nuremberg Code, which \u201cbans forced medical experimentations, again in effect arguing that the vaccine is experimental and potentially unsafe,\u201d Fox News\u00a0<a href=\"https:\/\/www.foxnews.com\/us\/texas-hospital-lawsuit-forced-vaccination-policy\">reported<\/a>.<\/p>\n<p>Attorney Jared Woodfill said the hospital is just trying to make money.\u00a0\u201cTo\u00a0promote its business and increase profits at the expense of other health care providers and their employees\u2019 health, defendants advertise to the public that they \u2018require all employees and employed physicians to get a COVID-19 vaccine,\u2019\u201d Woodfill\u00a0<a href=\"https:\/\/abcnews.go.com\/US\/117-employees-sue-houston-methodist-hospital-requiring-covid\/story?id=77977011\" target=\"_blank\" rel=\"noopener noreferrer\">told<\/a>\u00a0ABC News.<\/p>\n<p>On Monday, the hospital released a\u00a0<a href=\"https:\/\/www.khou.com\/article\/news\/local\/houston-methodist-hospital-workers-walkout-vaccine-requirement\/285-cc9498e3-8b96-493e-b258-d81280ffd690\">statement<\/a>, per KHOU:<\/p>\n<blockquote readability=\"12\">\n<p><i>Today is the deadline for Houston Methodist employees to comply with the mandatory COVID-19 vaccine policy. We are proud to report that almost 100 percent of our 26,000 employees have complied, making the right decision to fulfill their sacred obligation to protect our patients. Unfortunately, a few employees have not met the vaccine requirements and are inviting other employees to join them as they end their shifts today. We fully support the right of our employees to peacefully gather on their own time, but it is unacceptable to even suggest they abandon their patients to participate in this activity. We have faith that our employees will continue putting our patients first. It is unfortunate that today\u2019s milestone of Houston Methodist becoming the safest hospital system in the country is being overshadowed by a few disgruntled employees.<\/i><\/p>\n<\/blockquote>\n<p class=\"Text__BaseText-mmkwcw-0 dRMzTN\">Houston Methodist suspended 178 full-time and part-time workers without pay for the next 14 days for not complying with the hospital\u2019s COVID-19 vaccine requirement. They risk termination if they do not get vaccinated.<\/p>\n<p><em>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a <a href=\"https:\/\/www.dailywire.com\/subscribe\">member<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>More than 140 million Americans have been fully vaccinated against COVID-19, but the rate of vaccinations has dropped off in recent weeks, putting in jeopardy President Joe Biden\u2019s goal of &#8230;<\/p>\n","protected":false},"author":1,"featured_media":2279939,"comment_status":"close","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/05\/vaccine-2-1.jpg?w=1200&h=800&ixlib=react-9.0.3","fifu_image_alt":"Can An Employer Mandate A COVID-19 Vaccination?","footnotes":""},"categories":[],"tags":[],"class_list":["post-559875","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/05\/vaccine-2-1.jpg?w=1200&h=800&ixlib=react-9.0.3","fifu_image_alt":"Can An Employer Mandate A COVID-19 Vaccination?","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/559875","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=559875"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/559875\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2279939"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=559875"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=559875"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=559875"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}