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National Law Journal: Employers Want To Mandate Swine
Flu Vaccinations For Workers
Lawyer advises offering free lunches, days off
to those who take jab
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A report in the National Law Journal reveals that employers
are asking lawyers if they can make it mandatory for their workers
to take the H1N1 vaccination.
The
article (registration required) also reveals that
some companies are seeking legal advice on whether they can
take employees' temperatures, a practice that is illegal under
laws covering medical tests in the workplace.
Lawyer Steve Biddle, who heads a San Francisco
firm's H1N1 practice group, tells the National Law Journal that
he has taken a significant rise in calls regarding mandatory
swine flu shots from employers in colder states.
Biddle says that mandatory shots are a viable
option during a pandemic, but he recommends companies try a
softer approach, such as offering more paid leave or free lunches
for those workers who agree to take the shot.
Another lawyer, John Michels Jr, based in Chicago,
backs up the notion that mandatory vaccination can be enforced
in the workplace:
In the private arena, Michels said, "the
law is pretty well established" regarding an employer's
right to mandate vaccinations. If an employer can establish
a legitimate business need or objective, he said, vaccinations
against various illnesses can be a legitimate job qualification.
Such a move would set a frightening precedent
whereby employees would face the choice of getting vaccinated
or losing their jobs. Further down the line, workers may be
asked to agree to take vaccinations as part of their employment
contracts.
Michels added that because there is a gray area
over whether the H1N1 vaccine has been properly licensed, and
given that it may be "experimental or not properly vetted",
workers could mount a strong challenge to such mandates issued
by their employers.
A number of lawsuits against mandatory H1N1 vaccination
have already been filed against the states of New
York and Washington by nurses there, who have been told they
must take the shot or be suspended and terminated from their
jobs.
Healthcare workers across the country are standing
up against intimidation to take the shot, pointing out that
the vaccine has not been properly tested and contains mercury,
squalene and other dangerous additives.
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