Mandatory Vaccinations

Interesting but pretty low-key coverage last week of an announcement from the Equal Employment Opportunity Commission (EEOC) that employers can mandate employees to get COVID vaccinations. Most news reports I read emphasized how employers could incentivize employees to get the vaccine, but the far more concerning aspect to me is that they can mandate the vaccine. No vaccine? No continued employment. How does that not qualify as “coercive”, something employers are supposed to avoid in their incentive programs? About the only part of the reports that make sense is that there will be a lot of lawsuits as employers and employees try to navigate whatever the EEOC is trying to accomplish but prefers to do so through the private sector rather than Federal decree.

What is the rationale for allowing employers this broad degree of control over the personal health choices of their employees? Will this be used in conjunction with future possible COVID-related shutdowns, so that companies that require their employees to be vaccinated will be allowed to continue operations while other similar companies with no such policy will be shut down if non-essential?

If an employer can mandate COVID vaccinations, what else can they mandate in the realm of personal choice regarding health care? Can they mandate flu vaccines? Under what conditions? The EEOC’s own website acknowledges that public health guidelines are subject to fluctuation, so what about companies that mandate the COVID vaccine (or any other vaccine) only to have public health guidelines alter or reverse? You can’t undo an injection.

Section K is the relevant section of the EEOC’s most recent COVID-related guidelines, and section K.1 stipulates that employers may require all employees to obtain vaccination as a condition for physically returning to a workplace. What this means is that in terms of Equal Employment Opportunity (EEO) and the Americans with Disabilities Act (ADA) there is no grounds as interpreted by the EEOC for claiming some sort of discrimination towards protected classes. It isn’t discriminatory of a company to mandate all employees be vaccinated. But that’s a rather narrow criteria for determining whether a company should be allowed to make such a requirement in the first place. All the EEOC is really focused on is whether such a mandate would be unfair to protected groups, and it’s pretty obvious that it wouldn’t be if it’s being applied evenly to all employees (instead of targeting certain groups) and accommodations are made for those who may have legally protected exceptions from such a mandate.

But shouldn’t all Americans be legally protected from being forced to get a vaccination (or any other specific health procedure) to keep their job? It might be easy to say from the outside that if you don’t like that particular policy, quit and go work someplace else. But anyone actually working (or who ever has actually worked for someone other than the government) understands that it’s hardly that simple. And if all employers decide to require such a vaccination, how does that impact personal liberties?

These are all questions unique to America. Many Americans don’t seem to understand this. It makes life as an American in America more complicated. But those complications are deemed warranted in order to protect something valuable – personal liberty. As we’ve learned after 9/11 and today in an age where fear is increasingly being promoted and used to drive people towards approving certain policies, personal liberty is difficult to obtain, easy to cede, and effectively impossible to take back once ceded. So these questions and issues are important to think through carefully, and to ensure that what is required of people either by the private sector or the government is as narrow and limited and carefully defined as possible. Precedents are being set in a time of panic, and once that panic is over the precedents will remain and will be used as justification for further erosions of personal liberty in the name of safety or convenience or whatever else seems effective.

One Response to “Mandatory Vaccinations”

  1. dunganm Says:

    Hi Paul,So good to hear from you on this topic. You are spot on as usual!Best,MikeSent from my Verizon, Samsung Galaxy smartphone

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