While in one of the cases the hospital could have been more accommodating, by and large the EEOC’s intervention in the case is unfortunate and misguided. At this point, the case is in the fact-finding stage, with trial only due in October 2017. I hope that before that the EEOC will reconsider its position.
Hospitals are almost certainly not required to offer any religious exemption from influenza mandates under the Civil Rights Act of 1964, and if they do, setting a procedure to do so and a timeline before influenza season is very reasonable. The EEOC was wrong to attack the policy: its attack can undermine the influenza mandate and doing so can put vulnerable people at risk.
In a previous post, I analyzed the implementation of Title VII of the Civil Rights Act, 1964 in the context of influenza vaccines (see also, a more comprehensive analysis). In this article, I examine what fair accommodations can be made for healthcare worker flu vaccinations.
A recent case examined how the requirements of Title VII will be implemented, showing that Title VII does not require hospitals to exempt employees with religious oppositions from influenza vaccines – and that if it does offer accommodations, there are limits to what an employee can expect to be done to accommodate her beliefs. Continue reading “Healthcare worker flu vaccinations – fair accommodations”
In a previous post, I described a New Jersey Court of Appeals case in which Ms. Valent was denied unemployment benefits because she refused flu vaccines without claiming the religious exemption. I explained that the hospital was not constitutionally required to provide a religious exemption, and that doing so was a losing proposition from a hospital’s point of view.
In the comments following that post, it was correctly pointed out to me that there is another claim I should have addressed: a claim that the hospital was required to provide a religious exemption under the Civil Rights Act of 1964. This did not come up in the case itself: the court reinstated the nurse’s unemployment benefits on constitutional grounds, though problematic constitutional grounds. But since I argue that hospitals should not offer a religious exemption, I need to address whether the hospital is required, under Title VII, to offer an accommodation. Continue reading “Health Care Workers, Flu Vaccines, and Work Place Discrimination”