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Should an employer be allowed to mandate
Posted on: August 5, 2021 at 12:00:43 CT
DesertTiger MU
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the covid-19 vax for employees?
Very nuanced discussion that this board typically fails at because everyone wants to 'gotcha' the other side in a hypocritical stance rather than explore an issue...and it's a pain in the arse to type anything long and discuss well due to the format.
My take (probably TLDR for most)...
In a general sense, employers should be able to require whatever they desire for their employees as a general rule...
however, there are a number of factors to consider.
Contractual employment agreements - this would depend on the contract and how it's written. It could be changing requirements mid-contract would be breach of contract...in which case there would be relief via the contract enforcement, or just wait and levy the requirement upon contract expiration when negotiating a new one.
Next, we have a long-accepted history of limiting employers in this country from requiring things that are physically or otherwise harmful to employees via OSHA restrictions, etc.:
--We've allowed government to dictate a business can't typically require someone to work 90 hours straight, truck drivers can't be on the road more than 'x' hours in a day
--We've allowed government to dictate businesses can't require someone to work around harmful substances without proper PPE and safety protocols.
--We've allowed government to dictate an employer can't make sexual activity part of a job requirement (not talking about forceful taking/rape, but what would be 'voluntary' activity).
So, if you believe we should have NO limits on an employment relationship then you would agree with eliminating OSHA and all the above stated restrictions...and of course you will also be OK with employers mandating the vax (or not allowing you to be vaxed) for employment.
If you believe the restrictions we've already placed on employers are reasonable, then you acknowledge there are acceptable limitations on what employers can require of employees. From this perspective, then, the question turns to whether a vax mandate is reasonable, or at least in line with other limits currently set.
For those of us who are not convinced of the safety of the vaccine it makes perfect sense a covid-19 vaccination requirement should be viewed in the same way as those above...it's not safe, and thus shouldn't be required as a condition of employment.
If you view the vaccine as inherently safe, then it makes perfect sense you see no reason it would be different than requiring other vaccines, or requiring a certain dress code, etc.
Additionally, the covid-19 vaccine is not fully approved by the FDA yet...based on my belief there are certain, limited restrictions on employers that are reasonable in a civilized society, I see no issue with legislation that restricts employers from mandating vaccinations that are not yet fully approved yet (I fully expect the covid-19 vax will be approved soon, but it does merit discussion in the meantime).
Also, there is the case of liability that comes into question. If I only take the vaccine because my employer requires it, are they responsible financially for any reactions I have to the virus? - I don't have a lot of thoughts put together on this question, but it's a part of the equation and certainly merits discussion based on current law.
Adding on to the liability question, if the goal is to protect employees from a disease, why does it stop with covid? If I feel it's the companies job to protect themselves and myself from covid, why not extend that thought process to all other potentially fatal communicable diseases? Can I, as an employee, now have an expectation that you should be trying to protect me from exposure to other viruses/diseases? - I think this is somewhat of a stretch but might have some validity in certain environments.
If you made it here, congratulations (or sorry you have no life)...my personal opinion(s)
- if employers mandate it (and barring other factors they should be allowed to) they should be financially liable for any damages an employee suffers due to the vax
- state legislatures should have authority to restrict mandates for vaxes that have only been granted EUA.
Very nuanced discussion that this board typically fails at because everyone wants to 'gotcha' the other side in a hypocritical stance rather than explore an issue...and it's a pain in the arse to type anything long and discuss well due to the format.
My take (probably TLDR for most)...
In a general sense, employers should be able to require whatever they desire for their employees as a general rule...
however, there are a number of factors to consider.
Contractual employment agreements - this would depend on the contract and how it's written. It could be changing requirements mid-contract would be breach of contract...in which case there would be relief via the contract enforcement, or just wait and levy the requirement upon contract expiration when negotiating a new one.
Next, we have a long-accepted history of limiting employers in this country from requiring things that are physically or otherwise harmful to employees via OSHA restrictions, etc.:
--We've allowed government to dictate a business can't typically require someone to work 90 hours straight, truck drivers can't be on the road more than 'x' hours in a day
--We've allowed government to dictate businesses can't require someone to work around harmful substances without proper PPE and safety protocols.
--We've allowed government to dictate an employer can't make sexual activity part of a job requirement (not talking about forceful taking/rape, but what would be 'voluntary' activity).
So, if you believe we should have NO limits on an employment relationship then you would agree with eliminating OSHA and all the above stated restrictions...and of course you will also be OK with employers mandating the vax (or not allowing you to be vaxed) for employment.
If you believe the restrictions we've already placed on employers are reasonable, then you acknowledge there are acceptable limitations on what employers can require of employees. From this perspective, then, the question turns to whether a vax mandate is reasonable, or at least in line with other limits currently set.
For those of us who are not convinced of the safety of the vaccine it makes perfect sense a covid-19 vaccination requirement should be viewed in the same way as those above...it's not safe, and thus shouldn't be required as a condition of employment.
If you view the vaccine as inherently safe, then it makes perfect sense you see no reason it would be different than requiring other vaccines, or requiring a certain dress code, etc.
Additionally, the covid-19 vaccine is not fully approved by the FDA yet...based on my belief there are certain, limited restrictions on employers that are reasonable in a civilized society, I see no issue with legislation that restricts employers from mandating vaccinations that are not yet fully approved yet (I fully expect the covid-19 vax will be approved soon, but it does merit discussion in the meantime).
Also, there is the case of liability that comes into question. If I only take the vaccine because my employer requires it, are they responsible financially for any reactions I have to the virus? - I don't have a lot of thoughts put together on this question, but it's a part of the equation and certainly merits discussion based on current law.
Adding on to the liability question, if the goal is to protect employees from a disease, why does it stop with covid? If I feel it's the companies job to protect themselves and myself from covid, why not extend that thought process to all other potentially fatal communicable diseases? Can I, as an employee, now have an expectation that you should be trying to protect me from exposure to other viruses/diseases? - I think this is somewhat of a stretch but might have some validity in certain environments.
If you made it here, congratulations (or sorry you have no life)...my personal opinion(s)
- if employers mandate it (and barring other factors they should be allowed to) they should be financially liable for any damages an employee suffers due to the vax
- state legislatures should have authority to restrict mandates for vaxes that have only been granted EUA.
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Should an employer be allowed to mandate - DesertTiger MU - 8/5 12:00:43
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