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Legality of a company forcing it's workers to get vaxed?

Discussion in 'Employment, Labor, Work Issues' started by riffwraith, Jul 29, 2021.

  1. riffwraith

    riffwraith Law Topic Starter New Member

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    Any state, USA

    Do companies have the legal right to require employees to get vaxed? Wondering if there is any case law, or statute that covers this.

    I am SE'd, but am curious nonetheless.
     
  2. zddoodah

    zddoodah Well-Known Member

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    Depends on the state and the nature of the employer's business. In general, the answer is probably yes.

    Probably no case law yet, but I'm sure there are cases in the pipeline that will eventually result in published authority.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    A private company has the legal right to tell an employee that he or she will be terminated if the employee has not obtained a covid-19 vaccination unless the applicable state law or union contract says otherwise. No federal law prohibits an employer from terminating an employee based on vaccination status and the last I checked, no state had such a law either.

    Smart employers will want that vaccination to protect their employees and customers as much as possible from covid and insulate themselves from lawsuits/worker's comp claims should an employee/customer get covid from an employee.
     
  4. army judge

    army judge Super Moderator

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    Even the all powerful, omniscient, omnipresent, omnipotent US GUBMINT seems powerless to MANDATE it's employees to get vaxxed.

    Why?

    The Biden administration on Thursday said it will require all federal employees and onsite contractors to attest their vaccination status or be subject to masking, social distancing and COVID-19 testing requirements.

    “Anyone who does not attest to being fully vaccinated will be required to wear a mask on the job no matter their geographic location, physically distance from all other employees and visitors, comply with a weekly or twice weekly screening testing requirement and be subject to restrictions on official travel,” the White House said in a fact sheet on the new policy, which it released Thursday afternoon.

    In addition, President Joe Biden will direct the Defense Department to look into how and when it will add the COVID-19 vaccines to its list of required vaccinations for military members.

    “These rules should not only apply to federal workers and onsite contractors,” the White House said. “President Biden is directing his team to take steps to apply similar standards to all federal contractors. The administration will encourage employers across the private sector to follow this strong model.”

    Employees and contractors must sign an attestation confirming vaccination, the Biden administration said.

    “Given the different safety protocols for individuals who are fully vaccinated and those who are not fully vaccinated, agencies need to ask about the vaccination status of federal employees and onsite contractors,” the Safer Federal Workforce Task Force said in new COVID-19 workplace safety guidance, which it also released Thursday afternoon. “Employees and onsite contractors must attest to the truthfulness of the response they provide. If an employee or onsite contractor chooses not to provide a response, they will be treated as not fully vaccinated for the purposes of these protocols.”

    This development is a significant policy shift for the Biden administration, which, until this week, has strayed away from providing stringent vaccine requirements for the federal workforce.

    The Department of Veterans Affairs on Monday announced a vaccine mandate for its health care workers.

    Unlike VA health care workers, federal employees at other agencies will have more leeway, though the Biden administration’s latest mask requirements make things more complicated.

    Fully-vaccinated federal employees will not need to socially distance or participate in their agency’s weekly testing program, the administration said.

    But given the administration’s latest mask requirements, fully-vaccinated employees and contractors must continue to wear a face covering inside federal facilities where transmission rates are “substantial or high.”

    In areas where COVID-19 transmission rates are low, vaccinated employees and contractors will not need to wear a mask.

    Where could this lead us?

    Could an employer order a pregnant female to abort her child?

    Could an employer order employees to take a polygraph?

    Could an employer force employees to become vegans?

    Could an employer demand all employees be tested for STDs?

    Hmmmm, so many questions.
     
  5. cbg

    cbg Super Moderator

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    This country suffers from an appalling and overwhelming case of the "You can't tell me what to do"s
     
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  6. army judge

    army judge Super Moderator

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    I'm happy to be a citizen of the United States of America.

    I'm appreciative of being allowed to serve in her military for 31 years.

    I'm even more pleased to KNOW that each of us are free to live our lives according to our desires.

    There is nothing I dislike about being free.
     
  7. cbg

    cbg Super Moderator

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    That's all well and good, Judge. But the fact remains that your right to swing your fist ends at my nose.
     
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  8. justblue

    justblue Well-Known Member

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    That's not quite true. There are lots of limits on ones freedom to live according to ones desires.
     
  9. justblue

    justblue Well-Known Member

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    AKA: Idon'twanna's
     
  10. army judge

    army judge Super Moderator

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    I only swing my fists in self defense.
    Besides, I have no reason to physically assault you.
     
  11. army judge

    army judge Super Moderator

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    Yes, we have laws.

    Our laws, for the vast part, make sense and are necessary.

    That wasn't my point.

    My point is I'm glad to live in a country where we are allowed to live our lives differently.

    I'm also happy to have done my bit for 31 years to help preserve and protect this great nation.

    My wife and I love each other.

    We respect our differences.

    That's what I love about this wonderful country.
     
  12. Tax Counsel

    Tax Counsel Well-Known Member

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    The federal government has the power to do it. Biden is just opting for something less than that to avoid the inevitable fall out from public sector unions (and non union employees too) that such a move would provoke.
     
  13. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    This country was built on that idea.
     
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  14. cbg

    cbg Super Moderator

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    There's adults making their own decisions, and there's teenagers rebelling against authority, and there's toddlers having temper tantrums.

    This country has far too many "adults" whose mindset falls into the second and third groups. This country may have been founded by people in the first group, but that was some two hundred and forty five years ago.
     
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  15. Zigner

    Zigner Well-Known Member

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    'Murica!
     
  16. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I have little doubt the same thing was thought by the Torys back in the 1770s.
     
  17. Tax Counsel

    Tax Counsel Well-Known Member

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    I think that the Tories and the rebels both would have likely been supportive of steps to protect public health and not split, like we have, into two camps on the matter. They understood better than we do the devastating effects of pandemic disease as they were affected by those far more than we do today. Their disagreement was over the authority of the King and what right to representation the colonies should have. That's a very different matter than splitting on public health.
     
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  18. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    And many of us today disagree over the power of the people that are have become our ruling class.
     
  19. cbg

    cbg Super Moderator

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    Umm, PayrollDude, do you have any idea what you just said?
     
  20. Tax Counsel

    Tax Counsel Well-Known Member

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    The difference is that we have a way to settle those disagreements civilly: we hold elections to select those who make our laws. That's what our founders wanted — they didn't want laws made by a King and Parliament that did not represent them. We have no king. We elect our leaders. If you don't like what the majority selects for our leaders, then the solution is to convince your fellow citizens to vote differently the next time around. The solution is NOT to assemble a crowd to storm the capitol and overturn that very democratic process our founders established. Trump failed to get a majority of electoral votes. He didn't convince enough voters that he was doing a good enough job to warrant a second term. His supporters need to get over the sour grapes and move on like reasonable adults.
     
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