Hospital Employees Sue Over COVID-19 Vaccine Mandate

Some employees of Houston Methodist—which includes a medical center and several community hospitals—are challenging a requirement that all employees get vaccinated against the coronavirus by June 7.

The lawsuit was filed by 117 unvaccinated workers who claim that the medical group's 26,000 employees "are being forced to serve as human 'guinea pigs.' " Houston Methodist is making employees "participate in an experimental vaccine trial as a condition for continued employment," according to the complaint, which was filed with a Texas state court on May 28.

Houston Methodist CEO Dr. Marc Boom explained the reasons for the policy in an April e-mail to staff. "I want to re-emphasize the reason we are making the COVID-19 vaccine mandatory. It is rather simple—as health care workers we must do everything possible to keep our patients safe and at the center of everything we do. Mandating the vaccine was not a decision we made lightly, but science has proven that the COVID-19 vaccines are very safe and very effective."

We've rounded up articles and resources from SHRM Online and other trusted media outlets on COVID-19 vaccination policies in the workplace.

Most Employees Complied

Houston Methodist was the first U.S. medical organization to require employees to get vaccinated. Managers had to get their shots by April 15 and other workers have until June 7. Houston Methodist said 99 percent of employees complied with the policy. Two out of approximately 1,200 management employees opted to resign rather than get vaccinated. "We are sorry that they made that choice, but by doing so, they are putting themselves before the safety of our patients, which is not consistent with our culture," Boom said.

A plaintiff to the lawsuit, registered nurse Jennifer Bridges, initiated an online petition against the COVID-19 vaccination policy. "Many employees are scared that they will lose their job or be forced to inject the vaccine into their body against their will to keep their jobs and feed their family," she said.  

(CBS News)

More Lawsuits Filed

Houston Methodist employees are not the only ones to challenge a COVID-19 vaccine mandate. Some employees of other public and private businesses, as well as universities that are requiring vaccination, have opposed such policies. The viability of these lawsuits, however, remains uncertain since there isn't much case law about when vaccines can be required. The COVID-19 pandemic has caused nearly 600,000 deaths in the U.S. and 3.6 million worldwide, which could make judges more inclined to side with employer requirements that comply with federal, state and local rules and guidelines.

(The Washington Post)

Takeaways from the EEOC's Latest Vaccine Guidance

According to the U.S. Equal Employment Opportunity Commission (EEOC), businesses generally may require workers who enter a physical worksite to receive a COVID-19 vaccination without running afoul of federal workplace anti-discrimination laws, such as the Americans with Disabilities Act, the Genetic Information Nondisclosure Act and Title VII of the Civil Rights Act of 1964. However, employers must consider reasonable accommodations for workers who refuse a vaccine for religious or disability-related reasons, unless such accommodations pose an undue hardship on the employer's operations. Employers also should note that the Occupational Safety and Health Administration and state and local authorities may have different requirements.

(SHRM Online)

Emergency Use Authorization

Distribution of COVID-19 vaccines has been issued under the Food and Drug Administration's (FDA's) Emergency Use Authorization (EUA) rather than the FDA's usual processes. But the FDA has said that the vaccine has met its "rigorous, scientific standards for safety, effectiveness and manufacturing quality" and that "its known and potential benefits clearly outweigh its known and potential risks." In addition to EEOC guidance stating that employers can mandate COVID-19 vaccinations in many situations, the California Department of Fair Employment and Housing (DFEH) also said the Fair Employment and Housing Act generally allows employers to mandate vaccines that have been approved by the FDA. The DFEH specially noted that the FDA has authorized and recommended three COVID-19 vaccines—all of which have been authorized under an EUA. Notably, many employment relationships in the private sector are at will, which means either the employer or the worker can terminate the employment for any lawful reason. So an employer that mandates a vaccine may argue the consequence of refusing a vaccine is being fired. But employment attorneys caution that vaccine mandates may still be risky for employers.

(SHRM Online)

Employers React to Workers Who Refuse a Vaccination

While most employers are encouraging employees to get COVID-19 vaccinations, some organizations are requiring it. The legal risks of this mandate still are emerging, but employers are standing their ground, and some businesses are firing workers who won't take the vaccine. 

(SHRM Online)

How Employers Can Help Achieve COVID-19 Herd Immunity

Recent SHRM research shows that 74 percent of employers plan to recommend that their workers get vaccinated. Employers have a critical role to play in helping their employees access accurate information and making it easier for them to get vaccinated, said Andy Slavitt, senior advisor for the White House COVID-19 Response Team, during a Society for Human Resource Management (SHRM) webcast for SHRM members. Demand for vaccinations is leveling off, but HR can help motivate more people to get vaccinated by providing reliable and accurate information. Employees may have questions about side effects, how vaccines affect fertility and other concerns. "All of these have good scientific answers to them, and we just want to make sure that people get the straight story," Slavitt explained. If people have the information they need to make a decision, he said, then hopefully many more people will decide to get vaccinated.

(SHRM Online)