With doses of COVID-19 vaccines being administered in the United States, employers are asking themselves this critical question: should we mandate COVID-19 vaccination as a condition of employment? Health care employers can look to the influenza vaccination landscape to get an understanding of the lay of the land. Over the past few years, health care employers have increasingly implemented mandatory influenza vaccination programs. This has led to litigation brought by employees who have refused the influenza vaccination, contending that their objection was grounded in their religious beliefs or disability status. Employees have argued that their terminations violated Title VII of the Civil Rights Act’s prohibition of discrimination because of religion, while others have alleged that employers failed to reasonably accommodate their disability under the ADA by mandating vaccination. This program will provide an overview of the influenza vaccination case law and offer guidance to employers as they try to avoid legal minefields while implementing a COVID-19 vaccination program.
Recorded at A Day On Health Law in October 2021.