Apr 07, 2021
Can Your Employer Require You To Get A COVID-19 Vaccine?
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BOSTON (CBS) – Now that the COVID-19 vaccine is becoming more widespread and some universities have announced it will be mandatory for students, people working from home are wondering: what will it take to get me back in the office? Can my employer mandate the COVID-19 vaccine?
“The answer is a very strong and definitive maybe,” legal expert Jennifer Roman told WBZ.READ MORE: Its A Miracle: Owner Reunites With Dog Lost 5 Years Ago
“The employer can require that, yes,” employment attorney Patrick Curran said.
“They likely can,” Boston University Health Law professor Michael Ulrich added.
Safe to say — the jury’s still out, but all three legal analysts who spoke to WBZ agree, the answer is likely yes: your employer does have the right to mandate you get vaccinated to come to work.
“Vaccine mandates have been upheld for over a century both by the government and employers but those are typically well known, well established vaccines,” Ulrich explained.READ MORE: Emerson College Cancels In-Person Activities Amid Spike In COVID Cases
That’s where the gray area in this case comes in: there is no roadmap or precedent for an emergency-approved vaccine designed for the general population.
Because the COVID-19 vaccines themselves were approved by the FDA through an Emergency Use Authorization, they were required to come with a warning: that the person taking the vaccine knew it was completely voluntary.
“Although an employer may mandate it, the employee also needs to be told that they really don’t have to be vaccinated if they don’t want to be,” Roman explained. That’s the loophole, she says, that has the potential to create legal trouble for companies who may want to mandate vaccinations.
Still, to date, both government and private entities have been successful in mandating vaccines, thanks to the precedent set by the Supreme Court case Jacobson v. Massachusetts back in 1905, in which a Cambridge man did not want his mandated smallpox vaccine. However, the Supreme Court sided with the state, establishing that “there are times when the government can infringe on your rights to some extent to protect you and everyone else,” Ulrich explained.
Another potential hurdle? “You might come up against discrimination laws if someone says I have a disability or a religious exemption,” Ulrich said.MORE NEWS: 6 Charged In NH Youth Detention Center Sex Abuse Probe
Patrick Curran, a Boston attorney specializing in employment issues, agreed. “There are administrative difficulties; there are potential liabilities that you have,” he told WBZ. Curran says he’s had several clients ask about mandating vaccines for their employees in recent weeks, but most have decided against the practice. “It’s become a very hot topic,” he said.
News Source: cbslocal.com
COVID-19: Moderna Seeks Full FDA Approval For Vaccine
With six months having passed since Moderna began clinical trials for its COVID-19 vaccine, the pharmaceutical company is seeking full approval from the Food and Drug Administration.
Moderna, which currently has emergency use authorization from the FDA to distribute its vaccine, reported in its latest trial data that it has proven 90 percent effective in preventing the symptoms of COVID-19, and 95 percent effective in the most severe cases of the virus.
Currently, no COVID-19 vaccine is fully approved by the FDA, but three - Moderna, Pfizer, and the currently questionable Johnson & Johnson - were given emergency use authorization by the agency.
Emergency use authorization allows a vaccine to become available prior to full approval in the case of public health emergencies. The FDA can revoke that authorization at any time.
“The vaccines met FDA’s rigorous scientific standards for safety, effectiveness, and manufacturing quality needed to support emergency use authorization,” the Centers for Disease Control and Prevention said on its website.
Once it gets full approval, Moderna can begin marketing the shots directly to consumers and selling them to individuals and private companies in the US.
According to the company, there has been no evidence of blood clots linked to the use of the vaccine, and Moderna has been actively testing specific booster shots that have proven effective against certain variants of COVID.
- Related story - COVID-19: Moderna Announces When Booster Shot Will Be Available For Those Who Got Two Doses
Moderna has also been testing its vaccine on adolescents and younger Americans. Currently, the vaccine is only approved for adults 16 and older.
“I anticipate in the next year or so, we’re going to see a lot of variants,” Moderna CEO Stephane Bancel said this week. “But as more and more people get vaccinated or naturally infected, the pace of the variant is going to slow down and the virus is going to stabilize as you see with flu.”