Sacramento, California 2021-05-08 12:12:22 –
Recent CBS News Poll It turns out that four in ten Americans say they don’t want the COVID-19 vaccine or don’t know if they will get it. But can they be required to be vaccinated?
Who is legally punished for not being vaccinated, from employers to universities, municipalities and businesses? CBS13 is getting the answer.
“I’m not an anti-baker,” said new mom Amy.
She emphasizes that she believes in science. Her son is up to date with his childhood vaccine, and she and her husband are also up to date. But when it comes to COVID vaccines, Amy says she’s waiting for long-term data.
“I classify myself as a vaccine repellent for this particular vaccine,” she said.
Amy is one of 40% of Americans and says they aren’t shot or aren’t ready to be shot. And like many, Amy asks questions about vaccine obligations.
“We don’t think we’re far from the states that require it, but at least we want to wait until the FDA approves it,” she said.
Can the government request vaccinations?
Like many, Amy is a vaccine cI currently have an emergency use authorization, Not yet “approved” by the U.S. Food and Drug Administration
Can someone mandate a vaccine before it is approved by the FDA?
“”Jen Kates of the Kaiser Family Foundation said it was unknown. “Some employers do that. Some colleges do it. They may be tested in court.”
However, Kates, director of global health at the Foundation, said these decisions would provide a short-term response, as FDA approval is likely to come soon.
Can the federal government require an FDA-approved vaccine?
Kates said the federal government is unlikely to need a vaccine.
She explains that the federal government is likely to leave it to states and private sectors. Because of its long history and stronger precedent For states, universities, and employers in need of vaccines.
Can your employer request vaccination?
“We didn’t have to provide vaccine information to the employers we had,” Amy pointed out.
To be sure, the vaccines needed by employers were rare outside of the medical setting.
CDF Labor Law Labor Lawyers Kimberly Janssen and Mark Springs represent employers.
“They can’t require you to be vaccinated as an individual, but you can request vaccination from employees at work,” Janssen said.
Janssen and Spring, no clear law Employers point out state guidance stating that they can request FDA-approved vaccines.
Can an employer request vaccination prior to FDA approval?
“I think the answer is yes.” Janssen replied.
She says federal guidelines for vaccines Emergency use authorization does not bear the importance of law, And there is no state law prohibiting it.
But I don’t know until the court decides.
“At this time, nothing in California has banned forced vaccine programs,” Janssen said.
However, employers need to provide “reasonable accommodation” such as working from home for people with disabilities and for “honestly held religious reasons” that prevent vaccination.
What do I need for a religious exemption?
“I think it’s going to be a bar that’s hard for people to prove,” Spring said.
He said most major religions do not have clear opposition to vaccines that may be needed for exemption.
“Can I request vaccinations from remote workers?” Amy asked.
Experts said it was unlikely.
“Safety is the basis for mandating vaccines,” Spring said. Therefore, if you work from home, you are not creating a dangerous work environment.
However, experts emphasize that your employer does not need to allow you to work from home unless you have a medical or religious exemption.
“It’s the employer who can request a workplace,” says Spring.
Based on current guidelines, he says, without exception, it is likely that you will need to work in the office.
“Can I get fired?” Amy asked.
“That’s my position,” Janssen replied.
Janssen says California is a voluntary state and there is no law prohibiting compulsory vaccination. And yes, she says your employer can request proof of vaccination.
Another general question: If someone is injured by the vaccine, can they hold the employer accountable?
“They are probably possible, but they never go through the court system. It will be done through the workers’ accident compensation system,” Spring said.
Rarely According to federal guidance, side effects to the required vaccine are considered work-related injuries And they are covered by workers’ accident compensation. However, you may have to file a workplace injury claim that proves that your boss just vaccinated you for making you.
Jansen and Spring do not believe that your boss may be legally liable.
Can private retailers and businesses need vaccines?
For private companies, many claim that vaccination proof is a protected medical record.
“So, is it a violation of my privacy for the store to request my personal medical information to enter??? Amy asked.
According to experts, the short answer is probably not.They say Health Insurance Portability and Accountability Act (HIPPA)Most people quote for patient privacy, which is not the case.
Experts point out a negative COVID-19 test that is already needed by some companies, saying that companies can refuse to serve anyone.
Is denying service because the customer has not been vaccinated considered discrimination?
“I think it’s really unclear,” Kates said.
As with many answers to vaccine-related questions, we’re definitely not sure until the court answers the questions.
However, Kates says there is a compelling legal debate to protect employees and patrons unless companies discriminate on the basis of race, religion, disability, etc.
But at least for the foreseeable future, she says there is likely to be an alternative to the vaccine.
“I think we’re likely to see negative testing as an option for quite some time,” Kates said.
Who can penalize you for not getting vaccinated? – CBS Sacramento Source link Who can penalize you for not getting vaccinated? – CBS Sacramento