North Carolina Congresswoman Virginia Foxx, a Republican, has introduced new legislation that, taken to its logical end, might eventually provision for employers to force their employees to be vaccinated under the guise of “wellness.” House Resolution 1313, known as the “Preserving Employee Wellness Programs Act,” contains certain provisions for “disease prevention” that, should employees refuse them, might end up costing them their jobs. That, or employees could face penalties in the form of ostracization or even higher insurance rates. READ MORE….
VLA COMMENT: California already passed a law in tandem with SB 77 which prohibits public and private education for any child that is not fully vaccinated. This law targeting Daycare Centers prohibits employment or volunteering to anyone who has not gotten vaccinated. This is virtually the first time that the government mandate vaccines for employment.
Q: May an employer covered by the ADA and Title VII of the Civil Rights Act of 1964 compel all of its employees to take the influenza vaccine regardless of their medical conditions or their religious beliefs during a pandemic?
A: No. An employee may be entitled to an exemption from a mandatory vaccination requirement based on an ADA disability that prevents him from taking the influenza vaccine. This would be a reasonable accommodation barring undue hardship (significant difficulty or expense). Similarly, under Title VII of the Civil Rights Act of 1964, once an employer receives notice that an employee’s sincerely held religious belief, practice, or observance prevents him from taking the influenza vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship as defined by Title VII (“more than de minimis cost” to the operation of the employer’s business, which is a lower standard than under the ADA).
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