Vaccine Mandates in the Health Care Workplace: A Legal Analysis for Employers

Vaccine Mandates in the Health Care Workplace: A Legal Analysis for Employers

Denise Hill

An indispensable examination of laws related to vaccine mandates, providing guidance to health care employers, stakeholders, and the attorneys and staff who advise them. This instant PDF download is for anyone grappling with the right of health care employers to mandate COVID-19 vaccination of their workers.

Table of Contents

Executive Summary

  1. Introduction
  2. Overview of Key Legal Issues
    • Constitutional Authority for Public Vaccine Mandates
    • Public Vaccination Orders During an Outbreak
    • Balancing Scientific and Constitutional Factors
    • School Vaccine Mandates
    • Legal Authority for Mandatory COVID-19 Public Health Measures
    • Constitutional Challenges to COVID-19 Orders
    • The Role of Vaccination in Meeting Organizations’ Health and Safety Obligations
    • Duty to Provide a Safe and Healthy Workplace
    • Mandatory Vaccination of Health Care Personnel
    • Employers’ Authority to Mandate Vaccination
    • Employer Discretion Re: Terms and Conditions of Work
    • Federal Law and Guidance
    • OSHA and Employer COVID-19 Vaccination Requirements
    • OSHA COVID-19 Guidance
    • CDC and Employer COVID-19 Vaccination Requirements
    • EEOC and Employer COVID-19 Vaccination Requirements
    • Vaccine Exemptions Based on Disability
    • Vaccine Exemptions Based on Religion
    • Reasonable Accommodations for Vaccine Mandates
    • FDA and Employer COVID-19 Mandates
    • FDA Emergency Use Authorization and COVID-19
    • Analysis of Employer COVID-19 Vaccine Mandate Issues
    • State Vaccination Laws
    • State Laws and Bills Banning Vaccine Mandates
    • COVID-19 Employer Liability and Lawsuits
  3. The Current Environment
    • Impacts of COVID-19, the Ongoing Pandemic and Uncertainty
    • Vaccine Hesitancy
    • Reasons for Vaccine Hesitancy
    • Reasons for COVID-19 Vaccine Hesitancy
    • Mixed Messages
    • Politization of Public Health and Conspiracy Movements
    • Prior Negative Experiences and Legacy of Public Mistrust
    • Swine Flu Mass Vaccination
    • Smallpox Vaccination (2003)
    • The Pharmacuetical Industry
  4. Trends for the Immediate Future and Recommendations to Clients
    • Short Term COVID-19 Trends
    • Legal and Regulatory Trends
    • FDA
    • OSHA
    • EEOC
    • CMS
    • Unions and the NLRB
    • The Importance of Practical Long-Term Vaccine Policy Thinking and Planning
    • Recommendations to Clients Regarding Vaccine Initiatives
    • Employers Can Change Course on Vaccination Mandates
  5. Practice Tips and Tools
    • COVID-19 Vaccine Health Care Organization Decision Makin Checklist
    • COVID-19 Vaccine Mandate Policy Considerations


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