Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Sunday, November 29, 2009

Can Employers Mandate That Employees Take Swine Flu Shot??

Employers ask Can we require Swine Flu Shots For Workers is an interesting and timely Oct. 20, 2009 National Law Journal article. The bottom line according to the article is yes. As the article states:

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.

However, he added, employees may be able to challenge the newness of the H1N1 vaccine. "The question will be...has this been properly licensed, or are we requiring people to get vaccinated with something that is either experimental or not properly vetted," Michels said. "I think that's an open issue."

The better question is what if employees refuse? They will be considered insubordinate. If they have a right to a due process type hearing, such as arbitration, I could not imagine that any arbitrator would impose a severe form of discipline unless the facts were extreme-say when the employee may work with high risk patients.

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2009/11/can-employers-mandate-that-employees-take-swine-flu-shot.html

Employment Law | Permalink

Comments

A new strain of swine flu that is resistant to anti viral drugs continues to spread around the globe, South Korea are the latest country to confirm cases of the new strain.

Posted by: Swine flu | Nov 30, 2009 4:20:36 AM

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