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“The 360” shows you various perspectives on the main debates and debates of the day.
What is happening
The rollout of the first coronavirus vaccine has given hope that the end of the pandemic in the United States could be somewhere on the horizon. However, it will be several months before a sufficiently large part of the population – around 70 or 80% – is vaccinated to ensure the immunity of the herd.
The urgency to end the pandemic as quickly as possible, along with fears that a significant number of people may refuse the vaccine, have sparked a debate on whether vaccination against COVID-19 should be mandatory . A national mandate from the federal government is unlikely. But individual companies have started to question whether to force their employees to be vaccinated against the coronavirus.
Labor law experts widely agree that companies have the legal right to force their employees to be vaccinated and to punish or even fire staff members who refuse. There would be a lot of leeway, however, for exceptions, for those who have medical reasons or a “genuine” religious reason for not taking the vaccine.
Why there is debate
Defenders of corporate immunization mandates say employers have an obligation to protect the safety of their staff and customers as the economy begins to recover. In the absence of a government mandate, demands from private companies may be the most effective way to ensure that large swathes of the population are immunized quickly. The motivation to be able to return to the office – or the risk of being fired – could be powerful motivators to help overcome widespread skepticism about vaccines. A mandate also makes financial sense, some argue, because it would allow businesses to resume full operation more quickly.
Opponents say demanding the vaccine would be counterproductive for companies, leading to unnecessary conflict with their staff. Warranties can also trigger costly and time-consuming legal battles if an employee has an adverse reaction to the vaccine or claims to be discriminated against for not taking it.
According to some, a much better plan is for employers to encourage their staff to take the vaccine, such as bonuses or special benefits. A motivational approach can help persuade most employees to get vaccinated while reducing the risk of conflict, they say.
And after
Vaccine supplies are so limited at the moment that most companies outside of medicine and elderly care will likely have a few months before they decide to issue a mandate to vaccinate employees. A related debate is also emerging over whether companies can and should require their customers to be vaccinated, an idea proposed by at least three major airlines.
Perspectives
Corporate mandates may be the only way to get America’s collective immunity
“If individuals have to make the vaccine decision themselves, a compliance rate of 75 percent may be impossible to achieve. This is why business leaders are in such a unique position: they can tell employees that they can only return to the workplace if they get the vaccine. – Andrew Ross Sorkin, New York Times
Potential negative reactions to a mandate may not be worth the benefits
“Employers need to think about the reality that many employees may say, ‘No. I don’t understand that, “and if that happens it could have a very big impact on the workforce.” – Labor and employment lawyer Brett Coburn at CNN
Safety takes precedence over all other concerns
“Companies have every good reason to vaccinate all of their employees and also have an obligation to ensure the safety of all employees and customers.” – Health law expert Lawrence Gostin at Reuters
Companies should encourage employees to get the vaccine but not need it
“Maybe that’s not what they want to do. If anyone has had an adverse reaction [to the vaccine], this could trigger a workers compensation claim. … Encourage but stop demanding it. This may be the safest approach at the moment. – Employment lawyer Lukas Clary in Sacramento Bee
High unemployment means employees will be more likely to comply
“At the end of the day, the United States is still in the middle of a jobs crisis. Record unemployment figures have put enormous pressure on the labor market, especially in service industries, where workers are most exposed. … So workers may not have much choice if they want to keep a job. – MacKenzie Sigalos, CNBC
Enforcing a vaccination mandate would be tricky
“Employers feel they have a solid legal basis for mandating vaccinations, but that doesn’t mean enforcement won’t be without challenges, especially given the backlash in parts of the country to hide mandates and small groups opposed to vaccinations of any kind. . »- Alex Gangitano, La Colline
Warrants are unnecessary until vaccine supply levels increase dramatically
“Most people will be coming, so I’m not even sure we even need to have a mandate conversation. If it’s eight months away and we have enough supplies and we’ve met all the people who wanted to get the shot, and we’re still a long way from herd immunity, that might be a different conversation. – Health law expert Michelle Mello at USA Today
Warrants are a bad idea unless laws are changed
“I have a feeling that most private employers will not impose the vaccine and that those who do will end up in court.[…]My second impression is that the courts will set the bar very high for employers before allowing them to impose vaccination warrants under current laws, and lawmakers are going to have to pass new laws for clarity. – Greg Giangrande, New York Post
Employers take a risk no matter what they do
“The problem is rife with uncertainty. Making the vaccine compulsory could create a revolt at work. Likewise, could require employees to return to their offices among colleagues who have refused protection against the virus. “- Chase DiFeliciantonio, Chronicle of San Francisco
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Photo illustration: Yahoo News; photo: Carlos Osorio / Reuters
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