The guidance doesn’t explicitly state that the same rule would apply for COVID-19 – because there is no COVID-19 vaccine at this time – but it seems clear that the commission would prefer that “employers consider simply encouraging employees” to get vaccinated. Equal Employment Opportunity Commission suggests that a request to be exempted from an employer’s flu vaccination mandate based on “sincerely held religious belief, practice, or observances” would be protected under Title VII of the 1964 Civil Rights Act. Under these scenarios, would religious or personal exemptions override any mandate? That depends on who issues the mandate. These types of rules already exist, for example, in many universities, which require students living in dorms be vaccinated against meningitis.Īnother approach would be to mandate the vaccine for certain populations based upon risk characteristics, such as those who live in nursing homes. It also could be required to gain access to certain spaces, such as schools or sporting events, or to qualify for certain benefits, like freedom to travel to other states without having to quarantine. Some businesses, such as nursing homes and hospitals might require vaccination for those who work with certain high-risk populations. For example, proof of vaccination could be required to engage in certain jobs, such as prison staff or line workers in meat processing plants. ‘If/then’ mandatesĪnthony Fauci, director of the National Institute of Allergy and Infectious Diseases, has said he would be “ pretty surprised” if vaccination became mandatory for any part of the population.īut other experts have raised the possibility of a vaccine being mandatory as part of a “if/then” proposition – in other words, someone can only do something if they are first vaccinated. A mandate may not be necessary, although those refusing vaccination tend to cluster, leaving potential pockets of continued vulnerability. While troubling, it’s unclear how many in this camp will keep that opinion if COVID-related illnesses, injuries and disruptions to our lives continue, and a vaccine becomes readily available.Īnd we do not know enough about COVID-19 immunity yet to know what share of the population would need to be vaccinated for a community to achieve herd immunity and stop the virus’s spread. These may explain why 35% of Americans say they will not get the vaccine. The Food and Drug Administration Commissioner Stephen Hahn has been adamant that the agency “will not cut corners” in their vaccine review process, and that the decision “ will be based on science and data.” Any suggestion otherwise would damage public trust.īut public hesitancy to vaccines was already one of the biggest global public health concerns even before the COVID-19 pandemic.Īdded to this are the vaccine misinformation and conspiracies that have flourished during the epidemic. Whether or not a vaccine mandate is appropriate will depend upon how safe the vaccine is determined to be, what it protects against and how well it offers protection. My answer is a common lawyer’s response: “It depends,” as this question raises numerous questions of its own. As a public health lawyer and ethicist who has researched issues related to vaccination policy, I’m often asked about the role a vaccine mandate could play in our COVID-19 response.
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