Mandatory Flu Shots and Unintended Side Effects

Can you require all employees to get flu shots? Kind of. Mandatory flu shot policies are particularly prevalent in the healthcare field, and generally, employers can require employees to get a flu shot. However, although employer-mandated flu shots should be a good thing, some employees don’t see it that way. You may have to make some exceptions to your policy. Religious Exemptions Under Title VII of the Civil Rights Act of 1964, if an employee’s religious beliefs prevent him from obtaining vaccinations, he must be provided a reasonable accommodation unless it would impose an undue hardship on the employer. Typically, an employee who has a sincerely held religious belief against being vaccinated cannot be forced to get a flu shot or be fired for refusing a flu shot. Be wary of non-traditional religious beliefs. For example, in a recent case, a hospital adopted a policy that required all employees to get a flu shot. One employee refused the shot because she was a practicing vegan and could not ingest any animal by-products. The employee was terminated, and she filed a lawsuit alleging that the hospital discriminated against her based on her religious beliefs. The hospital asked the court to dismiss the employee’s claims, arguing that veganism is a dietary preference or social philosophy, not a religious belief. The court refused to dismiss the claims, stating it was plausible that the employee’s belief in veganism could equal a traditional religious belief. Pregnancy Exemptions The Pregnancy Discrimination Act (PDA) can be implicated by mandatory flu shot policies. Equal Employment Opportunity Commission (EEOC) guidance suggests that if a pregnant employee is denied an exemption to a mandatory flu shot policy but non-pregnant or male employees are granted exemptions, the employer’s actions may be discriminatory. Disability Exemptions Employees with a disability under the Americans with Disabilities Act (ADA) may require an exemption from mandatory flu shot policies. Under the ADA, an employee may be entitled to a reasonable accommodation (e.g., an exemption from a flu shot policy) unless it would impose an undue hardship on the employer. However, the ADA does not prevent employers from requiring employees to use alternative preventive measures such as masks and gloves. Alternatives to Mandatory Vaccinations If a mandatory vaccination policy doesn’t put you in the holiday spirit, the Advisory Committee on Immunization Practices and the Healthcare Infection Control Practices Advisory Committee (both operated by the Centers for Disease Control and Prevention (CDC)) recommend a voluntary vaccination program with education on the benefits and consequences of vaccinations. Finally, consider alternative infection-control practices, and make sure they are used for legitimate non-discriminatory and non-retaliatory reasons. Carefully considering a mandatory vaccination policy and recognizing situations that may require exemptions can help keep illness-related absences down, employee morale up, and you out of the courtroom. Now that’s something to be thankful for.  We hope this information is valuable to you. If you have any questions, please do not hesitate to contact Holman HR.