Legislation

What is a "reasonable accommodation" for a flu vaccine objector?

A new lawsuit brought by the EEOC, based on unique facts, raises questions about how far hospitals can go in imposing vaccine requirements on employees and then punishing those who do not fully comply.

An employee of Baystate Medical Center had sought a religious accommodation from a mandatory influenza immunization policy applicable to all employees. Workers were required to receive a flu shot or, alternatively, wear a facemask all the time.

The hospital said it fired the employee because she not only refused the flu vaccine but also sometimes pulled down the facemask so that she could speak clearly.

On July 1, 2016, one of the most fiercely-contested pieces of legislation went into effect in California-- the vaccination law known as Senate Bill 277. The passage of SB 277 effectively eliminated the long-standing and frequently cited personal and religious belief exemptions from childhood vaccination requirements.

Effective immediately, California schools cannot admit new students or advance students into the seventh grade without proof of vaccination. The only way around the vaccination requirement is a medical excuse, such as leukemia or other conditions for which vaccination would be contraindicated.

Should parents have to report to the state if their children remain unvaccinated?

There is a recent trend to leave children unvaccinated. Fear of potentially permanent negative side effects of vaccines, such as cognitive and physical disabilities, have led many parents to opt out of the inoculations their states require for children to attend school. Colorado has some of the lowest vaccine rates in the country. This is because parents are allowed to opt out for almost any reason. But who is keeping track of the children that remain unvaccinated? 

It is currently the law that individual schools report the vaccine status of their students to the state.

February 17th is "School Exclusion Day" in the state of Oregon, meaning that any students not up-to-date on their vaccinations, or without documentation to prove that they are current, will be unable to attend classes in all public and private schools in the state from that day forth. School Exclusion Day includes all preschools, childcare facilities and Head Start programs throughout the state. It is possible that hundreds of children will be sent home from school on that day.

In the American vaccination landscape, many wrongfully believe that only children are subject to the mandates of the “standard” inoculation schedule. However, as lawmakers in California recently decided, adults employed in certain industries are also required to submit to the state’s predetermined routine. In other words, their employment depends upon meeting the vaccination requirement.

Vaccine exemptions are a hot-button topic across the United States, and many jurisdictions have opted to uphold and fortify the notion that parents are in the best position to decide whether their child should receive vaccinations. Some states, however, have worked to whittle away at the exemptions historically offered to skeptical parents, and have essentially forced families to undergo vaccination regiments in order to enroll in public school.

As we recently reported, California recently became one of the first states to do away with personal exemptions for families wishing to refrain from vaccinating their children prior to enrollment in the public school system. The decision, which sent shockwaves through the nation as an unrestrained exercise in government over-reach, was met with strenuous objections from parents wishing to wait or withhold vaccination all together. Fortunately, however, not every state has opted to take the same route, and states like Oregon and Washington recently struck down similar measures by lawmakers looking to add a similar – possibly unconstitutional – mandate to their codebooks.

Why are some Californians against SB 277?

In response to a recent measles outbreak at Disneyland, a bill designated SB 277 has been presented to California’s state legislature to eliminate an exemption to mandatory vaccine rules.  The bill also sets a schedule for measles, mumps, and rubella vaccinations.  Presently, parents can opt out of these vaccinations if they have a personal, religious, or medical reason.