Monday, May 27, 2024

Can The Government Force Vaccinations

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Religious Exemptions From Covid

Why You Can Be Forced To Get The Covid Vaccine

The rules around asking for religious exemptions from getting the COVID-19 vaccine can be confusing and a bit complicated.

The U.S. Equal Employment Opportunity Commission says all employers, including state and local government employers, with 15 or more employees are covered under Title VII of the Civil Rights Act of 1964.

Title VII requires employers to reasonably accommodate an applicant or employee if the person requests an exception from vaccination requirements that conflict with their sincerely held religious beliefs, practices, or observances. There are guidelines that both employers and employees have to follow under Title VII.

Those include:

  • Employees must inform their employers if they want a religious exemption based on beliefs, practices, or observance.
  • Employers must consider religious exemptions on an individual basis. That does not cover or protect the employees social, political, or economic views about the COVID-19 vaccination requirement.
  • Employers who can prove undue hardship — be it financial or operational — are not required to accommodate an employees religious exemption request.

How to submit a request for a religious exemption

Each employer may have their own methods or policies for submitting a religious exemption request. They may include a religious exemption form to sign or a detailed letter to your manager or the human resources department.

Continued

This can include:

Vaccines For Young People

The laws about medical treatment apply to everyone. Your age does not matter.

Children and young people have the right to make their own decisions about medical treatments, including if they get a vaccination.

If you’re a young person and you want to get vaccinated, you can do this, even if your parent does not agree.

If you’re a young person and you do not want to get vaccinated, a health practitioner can’t give you a vaccine. This is true even if your parent wants them to.

Young people can speak to a lawyer for free by contacting .

What Should An Employer Do When Hiring Staff In The Future

Employers should be clear when hiring new staff whether vaccination requirements apply or might apply in the future .

Employers can ask whether a potential employee is vaccinated and can specify vaccination is required to commence employment, subject to some conditions

If there is no longer a vaccination requirement in place, employers are under no obligation to contact staff who have left work or had their employment terminated to see if they are interested in returning to work. Employers may, however, choose to do this.

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What About Children In K

That can depend on whether the child is in a public or private school. While children ages 12 to 17 are now eligible for the vaccine, and its likely that younger children will become eligible this fall, its not a requirement for attending a public K-12 school anywhere in the country.

Private schools, along with day care centers and camps, can decide whether to require their students to get a vaccine or not.

Most children already receive routine vaccinations for other diseases, like tetanus, polio and chickenpox, to fulfill school enrollment requirements. So a state-level requirement for a Covid vaccine in the future is a possibility.

Are Vaccine Mandates Effective

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There is considerable behavioral scientific data that vaccine mandates are effective. That includes both hard mandates and soft mandates . Hospitals that have required influenza vaccinations have achieved and maintained far higher coverage than those that make it voluntary. At the same time, K12 school and IHE mandates have given the U.S. high vaccination rates.

Many business and educational mandates fall into the hard categorythat is, students or workers cannot attend classes or the workplace unless they are fully vaccinated. Soft mandates nudge people to get vaccinated. When getting a vaccine is the easier or default option, most opt for the jab. Thus, when given the choice between getting a vaccine or having to undergo one to two SARS-CoV-2 tests weekly and masking up, most people will eventually roll up their sleeves. How do we know? Well, in states that have wide and easy exemptions for childhood vaccines, a significant number of parents opt out. But if a state makes getting the exemption hard, such as requiring a written declaration, a doctors certificate or attending vaccine literacy classes, vaccine hesitancy melts away. The same will happen for COVID-19 vaccinations.

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Current Constitutional Issues Related To Vaccine Mandates

The Covid-19 delta variants spread may force federal and state authorities to re-examine public safety policies related to vaccine requirements. Here is a brief review of the constitutional precedents and laws related to mandates at the federal and state levels.

In general, two key Supreme Court decisions speak to the authority of state and local officials to issue vaccine mandates. Generally, these decisions concluded that these governments may tell people to get vaccines, unless they belong to an exempt group, or face a penalty. In 1905, the Supreme Court ruled in Jacobson vs. Massachusetts that under a state law local health authorities could compel adults to receive the smallpox vaccine. Henning Jacobson refused a free smallpox vaccination that was mandated by the city of Cambridge he was fined five dollars as a result. Jacobson argued the vaccination law violated his 14th Amendment due process rights.

Justice John Marshall Harlan, writing for courts majority, concluded that states under their general police powers had the ability to enact vaccine laws to protect citizens. Police powers allow a state to pass laws to protect the health, safety, and general welfare of the public. It is for the legislature, and not for the courts, to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of the public health, Harlan wrote.

Related We The People Podcast: Are Vaccine Mandates Constitutional?

Whats Most Important To You

Employers may be able to require employees to get a COVID-19 vaccine, but is it the right thing to do? Employers may not want to put their employees in the position of getting a shot they dont want or face termination.

When navigating complex questions such as these, having clarity on ones values, whether from the employers or employees perspective, can make the decision easier, Andrias said.

Andrias said that if individual liberty is more important to you than job security, your decision when navigating this question as an employee will be much easier.

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Changing Work Arrangements Or Duties

Employers must consider whether there are any other reasonable alternatives that would allow the employee to keep working while unvaccinated. Employees and employers may be able to agree on changes to work arrangements or duties , which could mean that vaccination is no longer required. This outcome should be mutually agreed and independent advice may be needed if this is not possible.

Employers should also consider whether the tasks that require vaccination can be deferred. For example, if an employee has a particular reason for not being vaccinated . This might mean alternative arrangements can be agreed for the short term, with vaccination planned for a later date.

The Erosion Of Civil Liberties

UK government launches vaccines task force vs coronavirus

The COVID-19 vaccine policies that we have outlined represent a broad interference with the rights of unvaccinated people. While some governments introduced mandates and passports through the democratic process , many policies were imposed as regulations, or directions under states of emergency and implemented in ways that allowed ad hoc juridical decisions and irregular and overpermissive private sector rules, with limited accountability or legal recourse to address rights violations.

There are also significant privacy issues with passports, which involve sharing medical information with strangers. Having set these population-wide passport precedents, it is conceivable that they could be expanded in the near future to include other personal health data including genetic tests and mental health records, which would create additional rights violations and discrimination based on biological status for employers, law enforcement, insurance companies, governments and tech companies. COVID-19 vaccine passports have normalised the use of QR codes as a regulated entry requirement into social life in France and Israel, double-vaccinated citizens lost their status when passports required a booster dose in 2021/2022. Technology companies interested in biosurveillance using artificial intelligence and facial recognition technology have obtained large contracts to implement vaccine passports and now have a financial interest in maintaining and expanding them.

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Reduced Health System Capacity

The pandemic has created immense strain on health systems, contributing to disruptions in global immunisation programmes and burnout in healthcare and social care workers that risk worsening clinical outcomes for all patients. These trends may be exaggerated by the current policy push towards mandatory COVID-19 vaccination of healthcare/social care workers and firing of unvaccinated staff. The ethical arguments against these policies have been outlined by others.

Despite these considerations, many countries may lose frontline staff due to mandates. By December 2021, despite the forthcoming imposition of a vaccine mandate for patient-facing National Health Service workers, 8% of medical practitioners in the UK remained unvaccinated. In late 2021, Quebec dropped its proposed mandate for HCWs, citing the devastating labour shortage it would cause in hospital systems . Both cases created immense stress on already overburdened health staff and administrators, and were decried for their lack of clarity and clumpy policy process.

Can Vaccines Be Mandated By Law By Sam Macarthur

With Covid-19 vaccines finally available for the larger public, there has been controversy over whether vaccines will become mandatory for certain groups and certain activities . Since vaccines are an essential part of public health, to help readers understand, MPHOnline is looking into whether vaccines can be mandated.

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Can Your Employer Force You To Get The Covid

  • As pandemic restrictions are gradually lifted and we go back to work, can your current employer force you to be vaccinated?
  • Experts say the law is clear: COVID-19 vaccination can be required as a condition of employment, with certain caveats.
  • U.S. law provides certain conditions when you can refuse vaccination and keep your job.

All data and statistics are based on publicly available data at the time of publication. Some information may be out of date. Visit our coronavirus hub and follow our live updates page for the most recent information on the COVID-19 pandemic.

With the recent Food and Drug Administration approval of the Pfizer-BioNTech COVID-19 vaccine, were beginning to see intense effort to ensure every person in the United States is protected against the virus.

The FDAs authorization for emergency use of the first COVID-19 vaccine is a significant milestone in battling this devastating pandemic that has affected so many families in the United States and around the world, said FDA Commissioner Stephen M. Hahn, MD, in a statement .

However, about 4 in 10 people in the country said they would definitely or probably not get a vaccine, according to a recent survey by the Pew Research Center.

What About Other Businesses Where Youre Just A Customer

SC turns focus to assuring COVID

It depends on where you live.

A handful of restaurants in major cities like Philadelphia and Los Angeles now require customers show proof of a vaccination. A couple of restaurants and bars in Kansas City are also doing the same. Only some of these places will let customers present a recent negative Covid test instead.

Similar policies are showing up in gyms. Equinox and SoulCycle will require their customers and staff in New York City provide proof of vaccination next month before extending the same requirements to other locations.

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What Are The Potential Benefits Of Vaccine Mandates

Vaccine mandates aim to increase the level and/or speed of vaccination programs by incentivising people to come forward to be vaccinated, increasing the level of protection against a disease in the population. The arguments for them are generally strongest in countries where vaccine confidence is lower or when countries are facing a surge in infections and significant pressure on healthcare provision.

In some cases, evidence suggests that vaccine mandates have increased take-up. Vaccine coverage increased in France, Italy and Germany in recent years after they introduced or extended vaccine mandates for various childhood diseases, for example.

But this is not always the case. Ukraine had to end its mandatory measles and rubella campaign in 2006 after negative media response and controversy about alleged side-effects. One study comparing different countries approaches found no correlation between mandates and rates of childhood vaccination in the EU.

Effects could also be different for Covid vaccination, with vaccine hesitancy driven in part by concerns about rapid development and long-term safety. Outcomes are also context-dependent one recent study of Covid passports suggested that they increased vaccination uptake in the short term but not in countries which already had high uptake.

What Is A Vaccine Mandate

Its a requirement that says you must be vaccinated to do certain things like working, traveling, or even attending a concert.

The government or other authorities cant physically force you to get vaccinated. A vaccine mandate just means that if you dont, businesses, schools, and others can legally stop you from entering the building or using their services if they choose to.

Vaccine mandates arent new. All states require certain vaccinations before children start school, with few exemptions or the ability to opt out. And some vaccinations are required for legal immigration or international travel.

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Can School Districts Mandate Vaccines

Yes. U.S. schools already mandate that their students get a long list of vaccines before starting class, ensuring that they guard against measles, polio, tetanus, chicken pox, and hepatitis B, among other things. There’s nothing to say that schools can’t also mandate the COVID-19 vaccine.In July 2021, the Department of Justice making clear that schools have the right to insist their staff and students be vaccinated, even if the vaccines still fall under emergency use authorization. By February 2022, New Orleans had begun requiring kids age 5 and older to be vaccinated to attend school. California and Louisiana have announced plans to institute vaccine mandates for K-12 students statewide , though they are waiting until the FDA fully approves the vaccines for schoolchildren of all ages.

Individual districts differ on how to handle vaccine mandates. Nearly 40 California school districts have declared some kind of vaccine mandate for students and staff, according to research published in January 2022 from the non-profit news organization CalMatters. Other school districts across the country have introduced varying mandates. Some focus exclusively on older children or student athletes, while still others allow parents to offer up a negative COVID-19 test or letter of objection in lieu of a vaccine. Depending on the state, exemptions may be allowed for religious, personal, and medical reasons.

Collecting Storing And Sharing Information About An Employees Vaccination Status

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Information will need to be collected and handled according to the Privacy Act.

Businesses must take reasonable steps to make sure information about an employees vaccination status is collected, used and stored lawfully.

The obligations under the Privacy Act include making sure:

  • that workers are aware of how this information will be used
  • any intended recipients of the information
  • that workers know why it is being collected
  • that it is stored securely
  • that reasonable steps are taken to ensure the information is accurate and up to date before it is used.

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Mandatory Covid Vaccines: Why Forcing People To Get A Shot May Backfire

To speed COVID vaccine uptake and bring the pandemic to an end, some commentators are calling on the government to mandate immunization as a condition for participating in society. This may seem like a reasonable policy, but there’s compelling evidence that it could backfire.

Never mind your liberties, there’s a deadly virus on the loose, and that’s justification enough for the government to mandate that you get a COVID shot. In so many words, that’s the case some legal scholars and political commentators are making in support of a coercive vaccine policy. Erwin Chemerinsky, dean and professor of law at the UC Berkeley School of Law, summed up this argument in a recent opinion piece for the Sacramento Bee:

It is time to focus on the duty we all have to protect each other and to end this pandemic. The government should require vaccinations as soon as vaccine supplies allow, and we should remind everyone that freedom does not include a right to endanger others.

Chemerinsky is both well-meaning and on solid legal footing. Getting a COVID vaccine is the best thing we can do to protect ourselves and others from infection. And the US Supreme Court has ruled that governments can mandate vaccination if doing so is deemed necessary to protect public health.

The importance of trust

Contradictions and double standards

Backfire

A better way

Trust Power And Conspiracy Theories

Trust is one of the most important predictors of vaccine acceptance globally including confidence in COVID-19 vaccines. Data show that being transparent about negative vaccine information increases trust and Petersen et al found that when health authorities are not transparent, it can increase receptivity to alternate explanations.

COVID-19 vaccine policies have the potential to erode vaccine confidence, trust and the social contract in the particular context of the pandemic, which has exacerbated social anxieties, frustrations, anger and uncertainty. By the time COVID-19 vaccine mandates were introduced, many communities had struggled under lockdowns and other severe public health restrictions, undergone a succession of pandemic waves with changing rules that stretched public confidence in government, had their economic security and livelihoods negatively impacted and been exposed to a media-induced culture of fear perpetuated by an abundance of conflicting and confusing information. All of this occurred within the broader global trend of increasing inequities between North and South, rich and poor, as well as the erosion of trust in institutions and experts.

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