Covid 19 Vaccine Refusal?

Last December, I wrote the blog Should a Covid 19 Vaccine be Mandatory? and concluded that:

“It is more likely that only certain groups of people may be required to take the vaccine like healthcare workers, universities and some employers. Even then, the Civil Rights Act of 1964 may help people who have a religious objection to a vaccine as well as anti-discrimination laws and exemptions for medical reasons. An employer would have to make a reasonable accommodation as long as it’s not too costly for the business.

It is also possible that airlines, stores and stadiums could also make vaccination a condition of doing business with a person.”

In March 2021, a Monmouth University poll showed that 25% of those polled would refuse the vaccine.

VACCINE REFUSAL NOW

After a concerted public effort to encourage Covid 19 vaccination, about 67 percent of Americans 18 and older had received at least one dose of a vaccine by July 4.

So far, the CDC (Centers for Disease Control and Prevention) recommends that everyone 12 years and older should get a Covid 19 vaccination but has not issued guidance on COVID-19 vaccines for children under 12.

But even though there is no federal requirement for Covid 19 vaccination, there are many colleges that require students have the Covid 19 vaccinations before arriving on campus.

However, according to CNN:

“at least seven states– Alabama, Arkansas, Florida, Indiana, Montana, Oklahoma and Utah — have enacted legislation this year that would restrict public schools from requiring either coronavirus vaccinations or documentation of vaccination status

and

“(a)s of June 22, at least 34 states had introduced bills that would limit requiring someone to demonstrate their vaccination status or immunity against Covid-19″

with

At least 13 states — Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Missouri, Montana, North Dakota, Oklahoma, Tennessee, Texas and Utah — have passed them into law.” (All emphasis added)

In addition, more than 150 staff members at Houston Methodist Hospital were fired or resigned in June after refusing to get vaccinated for COVID-19. They are now appealing a judge’s ruling that sided with the hospital’s right to terminate their employment.

According to an April 27, 2021 American Academy of Family Physicians article, four reasons for some health care workers’ hesitancy to get the vaccine are safety and efficacy concerns, preference for physiological immunity, distrust in government and health organizations and autonomy/ personal freedom.

Some people say they are worried about the reported side effects and adverse events on sites like VAERS (Vaccine Adverse Event Reporting System) included on the CDC (Centers for Disease Control) website as “an early warning system used to monitor adverse events that happen after vaccination” and “one of several systems CDC and the US Food and Drug Administration (FDA) use to help ensure all vaccines, including COVID-19 vaccines, are safe.” (VAERS’ reported adverse events can be found at Open VAERS.)

LEGAL CONSIDERATIONS

The March 5, 2021 National Law Review article Declining a Shot in the Arm: What Employers Should Do When Employees Refuse Vaccines regarding health care workers points out that:

“Remember that we are still under the vaccines’ Emergency Use Authorization (EUA) period. The EEOC has indicated that employers can require that employees get vaccinated, but the EUA statute contains some language saying that people have a right to refuse any vaccine during the EUA period. Courts have not yet decided the issue. So, there’s some legal risk for employers that choose to mandate that employees get vaccinated.

Most health care employers have decided to strongly encourage – but not require – employees to get vaccinated, partly out of concern that mandating the vaccine might lead to staffing shortages if enough employees refuse to get vaccinated and quit or are fired.”

The article also discusses religious and medical exemptions.

CONCLUSION

My husband and I received our Covid 19 vaccinations in March without any problems and recommended the vaccinations to our children with the caveat that they check with their doctors first, especially since some of our children and grandchildren have special situations.

Some received the vaccinations and some didn’t but we ultimately had to leave the decision up to them.

I am pleased that Covid 19 infections appear to be waning and that our family is healthy at present but I know that this is no time for any of us to be complacent about our health or our rights.

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