|Employer vaccine mandates are a “hot topic” in employment law. Many government entities and major corporations are requiring employees to be vaccinated or comply with rigorous testing requirements before returning to the workplace. This assignment will focus on legal considerations around this issue.
Please research the issue of vaccine mandates (starting with the resources provided in Week 2) and draft a 3–5-page substantive paper (plus a cover page and references page) addressing each of the following questions:
1. Can an employer mandate that employees are vaccinated for COVID-19?
2. What concerns should an employer have regarding compliance with the ADA?
3. What reasons can an employee raise for refusing the vaccine?
4. In your informed opinion, are vaccine mandates an overreach by employers? Do they violate an employee’s right to privacy? Why or why not? Note — I seek you INFORMED opinion; this is not an opinion paper. Your opinion must be supported by research and include citations to that supporting research.
** Please follow all applicable APA 7th edition formatting rules.
- Title Page
- Intro: brief background on employment and labor relations associated with COVID-19
- Employer Authority
- Can an employer mandate that employees are vaccinated for COVID-19?
- Employer Concerns
- What concerns should an employer have regarding compliance with the ADA?
- Employee Rationale
- What reasons can an employee raise for refusing the vaccine?
- Informed Opinion
- In your informed opinion, are vaccine mandates an overreach by employers? Do they violate an employee’s right to privacy? Why or why not? Note — I seek you INFORMED opinion; this is not an opinion paper.
References: (Other sources are welcome)
Americans with Disabilities Act of 1990. 42 U.S.C. § 12101, et seq. (1990) https://www.ada.gov/pubs/adastatute08.htm
Bridges v. Houston Methodist Hospital. ___ F. Supp. ___ (Texas S.D.) 2021 https://scholar.google.com/scholar_case?case=8902627880090378816&hl=en&as_sdt=6,31&as_vis=1
Civil Rights Act of 1866. 42 U.S.C.A. § 1981. https://content.next.westlaw.com/Document/NEDBD2AD0AFF711D8803AE0632FEDDFBF/View/FullText.html?originationContext=docHeader&contextData=(sc.PracticalLaw)&transitionType=Document&needToInjectTerms=False&docSource=b0092c75f0934acd8a96b52f14989d5b
Genetic Information Nondiscrimination Act of 2008 (GINA). Washington, D.C.: U.S. Dept. of Labor, Employee Benefits Security Administration.
Gentile, C. (Host) & Goldsmith, N. (2021, July 26). The Shifting Landscape of Workplace COVID-19 Vaccine Mandates. [Audio podcast Episode]. In Politics in the Workplace. American Public University. https://apuedge.com/shifting-landscape-of-workplace-covid-19-vaccine-mandates/
Gordon, J. (2021). Business Law. The Business Professor. https://thebusinessprofessor.com/home/business-law/
Jacobson v. Massachusetts. 197 U.S. 11 (1905) https://supreme.justia.com/cases/federal/us/197/11/
U.S. Equal Employment Opportunity Commission. (2021 June 28). What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
U.S. Equal Employment Opportunity Commission. (2016 May 16). EEOC Issues Final Rules on Employer Wellness Programs. https://www.eeoc.gov/newsroom/eeoc-issues-final-rules-employer-wellness-programs
U.S. Equal Employment Opportunity Commission. (2003 February 3). Work at Home/Telework as a Reasonable Accommodation. https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation