Because of pressure and financial incentive by various Public Health agencies and industry partners, many companies are now requiring their employees get a flu vaccine. This requirement is not based on the actual capabilities of the flu vaccine products on the market, and they certainly do not take into account the solid science on the risks and unintended consequences of flu vaccination. See our Flu Page for more information.
Can you refuse? Yes.
ICWA cannot give legal advice, but we can pass on information being provided elsewhere. The company Healthcare Training Leader is advising companies how to require flu shots without getting into legal trouble. They explain there are three steps:
- Companies must make “Anti-Discrimination Allowances.” They must provide religious and medical exemptions. “You can’t mandate vaccines. You must give your employees exemptions, or you’ll violate the Equal Employment Opportunity Commission (EEOC). These employee laws prohibit you from discriminating against your employees for their disabilities and religious beliefs, based on the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 respectively.”
- Companies must provide reasonable accommodation for the employee to continue working without being vaccinated. That might mean the employee is required to wear a mask, work from home, etc. But an accommodation must be made to keep the employee working.
- Companies must adhere to state vaccination laws.
Healthcare Training Leader will be giving a one hour webinar (for a hefty fee), as described below.
For more advice on your employee immunization policy requirements, labor and employment attorney, Michelle Anderson, JD can help. During her online training session, “Head Off Costly Legal Penalties for Requiring Employee Vaccinations,” she’ll walk you through specifically how to require vaccines for your employees without leaving your practice exposed to privacy, discrimination, compensation, and employment legal risks.
