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EEOC and influenza vaccines

The EEOC and influenza vaccines – examining the facts

On 28 April 2016,  the United States’ Equal Employment Opportunity Commission (EEOC), via its North Carolina branch, filed a complaint in federal district court against Mission Hospital for failing to accommodate three employees’ religious belief when implementing its requirement that employees be vaccinated against influenza. I want to examine some of the facts behind the EEOC and influenza vaccines.

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.

The description below is based on the complaint and the response. Obviously, additional facts not known yet can turn up during discovery. Read More »The EEOC and influenza vaccines – examining the facts