Mandatory Flu Shots Case Analysis
There have been legal ramifications such as civil rights lawsuits against hospitals for loss of employment due to mandatory flu shots. A Michigan nurse filed a $100 million lawsuit against the hospital requiring her to get a flu shot. Karen Good filed a lawsuit in Ohio for being terminated due to vaccine refusal due to religious beliefs. In 2013, she was denied the religious exemption and she now is suing for back pay, statutory liquidated damages, emotional distress and loss of salary. She is suing under the Title VII of the Civil Rights Act of 1964, with one count of religious discrimination, religious discrimination failure to accommodate and retaliation (Dickson, 2014). In Cincinnati, a former customer service representative at a hospital is suing the hospital for being terminated because she was vegan and refused to consume animal
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protein, and the flu shot contains egg protein. She was terminated and sued the hospital in 2013 (Myers, A, 2013).
Steve Biddle, an attorney interviewed by Society of Human Resource Management argues that Mandatory Flu Shots are not generally recommended.
“Employers should not require employees to get immunizations because of possible problems with the American Disabilities Act (ADA) and other potential legal issues,” Biddle argues that employees should be paid for receiving vaccinations as it would be part of work time and employers would need to negotiate the issue with the union first if they were dealing with unionized employees. He adds that employers could be liable under workers compensation statutes if there are adverse reactions. Employers can have a list of vaccinated employees but under the ADA, it would have to be kept separate outside of employee records. If employers vaccinated on the site, all health information would require employees to release the information under HIPAA guidelines. Many hospitals require nurses to wear masks if refusing the flu vaccine, however, this practice violates HIPAA because the nurses refusing are patients and now everyone knows they're not vaccinated and this violates patient
privacy.
Douglas Duerr, an attorney with Elarbee Thompson in Atlanta, suggests that employers have procedures in place for employees who cannot get vaccinated. Employers still would have to accommodate employees with religious beliefs, medical conditions that contraindicate the flu vaccine.
protein, and the flu shot contains egg protein. She was terminated and sued the hospital in 2013 (Myers, A, 2013).
Steve Biddle, an attorney interviewed by Society of Human Resource Management argues that Mandatory Flu Shots are not generally recommended.
“Employers should not require employees to get immunizations because of possible problems with the American Disabilities Act (ADA) and other potential legal issues,” Biddle argues that employees should be paid for receiving vaccinations as it would be part of work time and employers would need to negotiate the issue with the union first if they were dealing with unionized employees. He adds that employers could be liable under workers compensation statutes if there are adverse reactions. Employers can have a list of vaccinated employees but under the ADA, it would have to be kept separate outside of employee records. If employers vaccinated on the site, all health information would require employees to release the information under HIPAA guidelines. Many hospitals require nurses to wear masks if refusing the flu vaccine, however, this practice violates HIPAA because the nurses refusing are patients and now everyone knows they're not vaccinated and this violates patient
privacy.
Douglas Duerr, an attorney with Elarbee Thompson in Atlanta, suggests that employers have procedures in place for employees who cannot get vaccinated. Employers still would have to accommodate employees with religious beliefs, medical conditions that contraindicate the flu vaccine.