My husband's employer is mandating yearly flu shots. - Mothering Forums

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Old 12-09-2008, 07:57 PM - Thread Starter
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They say any employee who refuses will be fired. : He works for a large hospital.

About 2/3rds of employees have been vaccinated so far. The deadline for patient-contact employees is Dec. 31, and non-contact employees is next fall. He's admin, so he has some time. The nurses union has filed a formal complaint.

Here's a news story about it.

Will a religious exemption excuse him? What is the legality of a private employer forcing vaccines?
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Old 12-09-2008, 08:05 PM
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I don't see why a religious exemption wouldn't work, but I know somebody will chime in if I'm wrong

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Old 12-09-2008, 08:13 PM
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It's funny that I read this story just yesterday.

I don't know what they can legally do.
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Old 12-09-2008, 08:34 PM
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From what I've gathered from medical personnel here, they can make it a condition of employment but if they hire you with an exemption or they hire you and add the requirement later they cannot fire you because it was not a condition of employment when you were hired. I wouldn't make any decisioned based on that though. Try posting on the main board/working student mamas/birth professionals boards. Be sure to click and read chapter XIV below.

I'd file a religious exemption:

United States> Code of Federal Regulations> Title 29 - Labor> CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


§ 1605.1 “Religious” nature of a practice or belief.
In most cases whether or not a practice or belief is religious is not at issue. However, in those cases in which the issue does exist, the Commission will define religious practices to include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views. This standard was developed in United States v. Seeger, 380 U.S. 163 (1965) and Welsh v. United States, 398 U.S. 333 (1970). The Commission has consistently applied this standard in its decisions.1 The fact that no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not accept such belief will not determine whether the belief is a religious belief of the employee or prospective employee. The phrase “religious practice” as used in these Guidelines includes both religious observances and practices, as stated in section 701(j), 42 U.S.C. 2000e(j).




To whom it may concern;

(We / I) {First and Last name(s)}, as the {(parent (s) / guardian(s)} of ______________________(name of newborn child) are exercising (our/my) rights under the US Constitution,
to receive Religious Exemption from Vaccination, due to our genuine and sincere religious beliefs which are contrary to the practices herein required.

The U.S. Supreme Court held in Frazee V. Illinois Dept. of Security, 489 U.S. 829, that a religious belief is subject to protection even though no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not advocate or require such belief. This ruling is also reflected in
Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion.


Your signature.

"It should be a rule in all prophylactic work that no harm should ever be unnecessarily inflicted on a healthy person (Sir Graham Wilson, The Hazards of Immunization, 1967)."
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Old 12-10-2008, 01:37 PM
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Vaccination as a requirement for employment has been challenged in District Court. in 2006 a ruling by the USDC upheld nurses right to refuse. They would not allow Virginia Mason Medical Center to make flu shots a condition of emplyment and would not allow the medical center to fire anyone that did not comply. I do not think that they can refuse a religious exemption that would be unconstitutional and discriminatory. I think they have to accept it. I try filing one...keep calling their bluff. I don't think they will fire him. They are trying to scare everyone I bet. Also you could have DH insist that the employer sign something that says they will take full responsibility in the event that DH siustains a serious reaction to the vaccine that you were forced to take against your will.

If the people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny." Thomas Jefferson.

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