Mandatory Workplace Vaccinations Some people say the United States is on the edge of a public health crisis with the current outbreak of measles across the country. For many years, states have required that parents vaccinate their children against various diseases, including polio and measles, as a precondition to enrolling them in public schools. But what about mandatory workplace vaccinations? As is the case with most employment law issues, the answer to this question is a simple one, with several exceptions and warnings. In most states private employment is at-will. This means that the employment relationship can generally be terminated by either employee or employer, at any time for pretty much any reason not otherwise prevented by law or employment contract. So the answer to the question is, yes, an employer can mandate vaccinations as a condition of employment. But there’s always allowances. When a company makes a decision to mandate a companywide vaccination policy they need to take a look at several considerations; the American Disabilities Act, Title VII of the Civil Rights Act of 1964, and contractual provisions and collective bargaining agreements. …show more content…
Mandatory vaccination policies may need to be explicitly bargained, whether with union representatives or labor contractors. For example, the Washington State Nurses Association filed suit against Virginia Mason Hospital in 2007 alleging that implementing the mandatory flu vaccination policy without first negotiating with the nurses’ union violated the Labor Management Relations Act. The Court of Appeals for the Ninth Circuit upheld an arbitrator’s decision prohibiting Virginia Mason Hospital from implementing the vaccination policy without bargaining with the nurses’ union (VIRGINIA MASON HOSP. v. WASHINGTON STATE NURSES,