“The 360” shows you various perspectives on the top stories and debates of the day.
What happens
The launch of the first coronavirus vaccine has given hope that the end of the pandemic in the United States could be somewhere on the horizon. However, it will be several months before a large enough population – somewhere around 70 or 80 percent – will be vaccinated to give the herd immunity.
The urgency to end the pandemic as soon as possible, plus fears that a considerable number of people may refuse the vaccine, has sparked debate over whether COVID-19 vaccinations should be mandatory. A national mandate from the federal government is unlikely. But individual companies have begun to weigh in on whether to ask their employees for the coronavirus vaccine.
Labor law experts generally agree that companies have a legal right to mandate their employees to be vaccinated and to punish or even dismiss staff members who refuse. However, there would be significant room for exceptions for those with medical or religious reasons “sincerely supported” not to get the vaccine.
Why there are debates
Lawyers for the company’s vaccination warrants say employers have an obligation to protect the safety of their staff and customers as the economy begins to open up. In the absence of government mandates, requirements from private companies may be the most effective way to ensure that large areas of the population are vaccinated quickly. The motivation to return to office – or the risk of being terminated – could be strongly motivated to help overcome the widespread skepticism about the vaccine. A mandate also makes financial sense, some argue, because it would allow companies to return to full operation faster.
Opponents say the request for the vaccine would be counterproductive for companies, which would invite unnecessary conflicts with their staff. Warrants could also trigger costly and lengthy legal battles if an employee had an adverse reaction to the vaccine or claimed to be discriminated against for not taking it.
A much better plan, some argue, is for employers to provide incentives for their staff to get the vaccine, such as bonuses or special benefits. A motivational approach can help persuade most employees to get vaccinated, while reducing the risk of disputes, they say.
What’s next
Vaccine supplies are so limited at the moment that most companies outside the medical and elderly care sectors will probably have a few months before deciding whether to issue a vaccination warrant for employees. There is also a debate about whether companies can and should ask customers to be vaccinated, an idea proposed by at least three major airlines.
Perspectives
The company’s mandates may be the only way to get America to herd immunity
If individuals are left to make the vaccination decision themselves, a 75 percent compliance rate could be unattainable. That’s why business leaders are so uniquely positioned: they can tell employees that they can only return to work if they are vaccinated. ”- Andrew Ross Sorkin, New York Times
The potential response to a mandate may not be worth the benefits
“Employers need to think about the reality that many employees might say, ‘No. I do not receive this and if it does, it could have a very significant impact on the workforce. ”- Labor lawyer and employer Brett Coburn at CNN
Safety takes precedence over all other concerns
“Companies have every reason to vaccinate all their employees and also have an obligation to keep all employees and customers safe.” – Lawrence Gostin, health expert at Reuters
Companies should encourage employees to receive the vaccine, but not request it
“It simply came to our notice then. If anyone had an adverse reaction [to the vaccine], could trigger a claim for workers’ compensation. … Encourage him, but don’t ask anymore. This may be the safe approach for the time being. ”- Labor Lawyer Lukas Clary at Sacramento Bee
High unemployment means that employees will be more likely to comply
“Finally, the United States is still in the midst of an employment crisis. The record number of unemployment has put immense pressure on the labor market, especially in service-based industries, where workers are most at risk. … So workers may not have much choice if they want to keep a job. ”- MacKenzie Sigalos, CNBC
Applying a vaccination warrant would be difficult
“Employers believe that they are on a firm legal footing to impose vaccinations, but that does not mean that enforcement will not be without its challenges, especially given the reaction in some parts of the country to mask mandates and smaller groups that are oppose vaccinations of any kind. ”- Alex Gangitano, Dealul
Mandates are useless until the level of vaccine supply increases dramatically
“Most people will come around, so I’m not even sure we need to have a conversation about mandates. If it’s over eight months from now and we have a sufficient amount and we’ve gone through all the people who wanted to get the vaccine and we’re still not far from herd immunity, it may be a different conversation. ”- Michelle Mello, health expert in USA Today
Mandates are a bad idea if the laws are not changed
“My assumption is that most private employers will not mandate the vaccine and those who do will be in court. … My second understanding is that the courts will set a very high level for employers before allowing them to impose vaccination warrants under current laws, and legislators will have to pass new laws to provide more clarity. ”- Greg Giangrande, New York Post
Employers take a risk, no matter what they do
“It simply came to our notice then. If the mandatory vaccine could create a riot at work. And so he could ask employees to return to offices among colleagues who refused protection against the virus. ”- Chase DiFeliciantonio, San Francisco Chronicle
Is there a topic you want to see covered in “The 360”? Send your suggestions to [email protected].
Read more “360”
Photo illustration: Yahoo News; photo: Carlos Osorio / Reuters