COVID-19 Vaccinations

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Continues the great “Broccoli Fight of 2021.”

(I acknowledge the hyperbole.  Vegetables do that to me.)

Like George H. W. Bush, I do not like broccoli.  At least one Texas federal judge seems to love it and thinks all Texas employers can make their employees eat it or lose their jobs.

The Backstory:  I published two blog posts addressing whether employers can force employees to get COVID-19 vaccinations.  You can read them here (“Eat Your Broccoli, or Else!”)(April 16, 2021) and here (“Broccoli Must be Good for You:  The Government Says So”)(June 4, 2021).  I raised the question of whether the “boss” can require workers to submit to medical procedures (in this case, COVID-19 vaccinations) to keep their jobs.  I freely acknowledged that I received the vaccine as soon as I could, but I recognized that others might make different choices.  I also acknowledged that the Equal Employment Opportunity Commission had published materials to the effect that it believed federal EEO laws permitted an employer to require vaccinations (subject to certain …
Continue Reading A Court Votes for . . . Broccoli?

EEOC published more guidance saying employers can mandate COVID-19 vaccinations.  The “fine print” behind the attention-grabbing headlines finds serious questions unanswered.

Continues exploring mandatory COVID-19 vaccines for workers.

The EEOC updated its COVID-19 Frequently Asked Questions (FAQs) on the cusp of the Memorial Day Holiday Weekend, the unofficial “kick-off” to summer.  The Biden Administration and State Governments make no secret of their desire to get all Americans vaccinated so we can get back to “normal” (whatever that means).

Taking the broad view, contrasting approaches to vaccination incentives resemble a high school science experiment:  officials are trying different approaches to see what works best.  Krispy Kreme offers free donuts; Ohio offers a million-dollar lottery; Indiana offers free Girl Scout Cookies at selected sites; Miami offers a “shot” for a “shot” (free liquor to those 21 or older).

Some believe (that would be me) the CDC announced its sudden “no mask needed if vaccinated” guidance on May 13 to spur folks to get vaccinated.
Continue Reading Broccoli Must be Good for You:  The Government Says So

Explores mandatory COVID-19 Vaccines for Workers.

Vaccinations dominate the news.  Simultaneously offering hope and fear, “vaccine-talk” and discussions about “mandates,” “passports,” “segregation,” “dissent,” and “peer pressure” intertwine to create confusion and dread.  Mandating the use of any product should not be done lightly.  Remember Obamacare?  Forcing workers to use a product to keep their jobs strikes some as unfair.  Should the boss force workers to eat broccoli if that is good for them?  What if the boss can “prove” eating broccoli makes better workers, reduces sick leave and improves performance?  No one forced Popeye to eat his spinach.  Can “the job” force workers to stop smoking or drinking alcohol?
Continue Reading Eat Your Broccoli, or Else!