Labor Attorney’s Explain Rules Surrounding Employer Vaccine Mandates – NBC 7 San Diego

As people want to get back to the office, more and more companies are demanding that their employees be vaccinated or risk being fired. However, many wonder whether these new requirements are legally permissible and what options are available to workers who are vaccinated.

“It’s clear that both federal and California federal law generally allow employers to prescribe vaccines,” said Miranda McGowan, a law professor at the University of San Diego.

According to legal experts, it is largely the employer’s right to request a vaccination unless there is a medical or religious exception.

“The Americans with Disabilities Act, Title VII, requires employers to address the disabilities of others or their religious beliefs,” said McGowan.

California Governor Gavin Newsom announced a state mandate that will require vaccination of health care workers by September 30th.

Following the governor’s announcement, local health systems Sharp Health and Scripps Health announced their new vaccination policies.

Sharp HealthCare requires its employees to be vaccinated or undergo COVID-19 tests twice a week, and Scripps Health requires their employees to be vaccinated or possibly terminated by September 30th.

“There’s just one federal case in Houston where health care workers at the Houston Methodist Hospital lost their jobs because they didn’t do an employer’s job,” said Richard Barton, law professor at the University of San Diego. “They took it to court and it’s still on trial, but a federal judge in the district court dismissed the staff’s claims that they couldn’t be fired.”

NBC 7 interviewed San Diegans, who fell on both sides of the subject.

“I feel like it’s a very drastic step. Of course everyone wants to move forward, put things behind them for 2020, but I think these are the necessary steps. Then I feel like it’s okay, ”said Kyree Woods, a San Diego resident.

Some San Diego residents oppose corporate vaccination regulations.

“I think as people and citizens of the United States we should make our own decisions. So if we impose some kind of vaccine on ourselves that I don’t think we know enough about, I’m just violating our rights, ”said Jeffrey Discher, a San Diego resident.

One area that remains unknown to lawyers is whether an employee who is dismissed for refusing to be vaccinated is unemployed.

According to legal experts NBC 7 spoke to, such cases will be assessed on a case-by-case basis, based on whether it was determined that the employee had a medical or religious exception and how the policy was implemented.