News & Analysis as of

Flu Shot Rule Employer Liability Issues

Jackson Lewis P.C.

To Vaccinate Or Not To Vaccinate… That Is The Question

Jackson Lewis P.C. on

As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated...more

Akerman LLP - HR Defense

Can Employers Require that Employees Get the Flu Shot?

Akerman LLP - HR Defense on

Flu season is upon us. Can employers require a flu shot? More importantly, should they? The Centers for Disease Control and Prevention (CDC) emphasizes that getting a flu vaccine this year is “more important than ever...more

Cozen O'Connor

Severe Flu Season Creates HR Challenges

Cozen O'Connor on

With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace.  Contagious diseases are...more

Dentons

HR Quick Takes: Employee Vaccination Requirement

Dentons on

Q: Can I require that my employee get vaccinated? A: This question most frequently comes up in relationship to the flu vaccine but, with the national focus on measles, this question has also been asked more broadly...more

FordHarrison

Employers Must Consider Accommodating Workers' Religious Objections to Flu Vaccination

FordHarrison on

Recent actions by the Equal Employment Opportunity Commission (EEOC) emphasize employers’ obligations under Title VII of the 1964 Civil Rights Act to accommodate workers’ religious objections to receiving a flu vaccination. ...more

U.S. Equal Employment Opportunity Commission...

Saint Thomas Health to Pay $75,000 to Settle EEOC Religious Discrimination Suit

Hospital Demanded Employee Take Flu Shot Despite His Religious Beliefs, Federal Agency Charged - NASHVILLE, Tenn. - Saint Thomas Health (STH), operating Saint Thomas Rutherford Hospital in Murfreesboro, Tenn., will pay...more

Steptoe & Johnson PLLC

EEOC Litigation Persists Against Hospitals With Mandatory Flu Vaccine Programs

Steptoe & Johnson PLLC on

The annual flu season is upon us, and once again, employers with mandatory flu vaccine programs are wrestling with the prospect of complex employment litigation. The Centers for Disease Control and Prevention (“CDC”)...more

Butler Snow LLP

Flu season is back: Can you require employees to get a shot?

Butler Snow LLP on

It’s that time of year again, with many employers offering free flu shots to employees in hopes of reducing flu-related absences and resulting productivity decreases in the months ahead. Most often, a flu shot is offered as a...more

Kelley Drye & Warren LLP

It’s Officially Flu Season – Get Your Shot, Not Your Suit

Kelley Drye & Warren LLP on

This is not the first time you’ve heard from us about flu shots in the workplace. And here we are again. Each flu season, employers find themselves in the hot seat when well-intentioned attempts to implement a policy...more

Littler

Dear Littler: Do We Have to Accommodate A Religious Objection to the Flu Shot?

Littler on

Dear Littler: I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is...more

Jackson Lewis P.C.

“Vaccinate” Your Mandatory Flu Shot Policies Against Litigation

Jackson Lewis P.C. on

As we have just survived one of the worst flu seasons in recent memory, now is a good time to consider whether you should implement or revise a mandatory flu shot policy for 2018. The Center for Disease Control and...more

Womble Bond Dickinson

North Carolina Hospital Settles Religious Discrimination Claims Over Flu Vaccine Policy

Womble Bond Dickinson on

Many healthcare providers in North Carolina have instituted policies requiring their employees who have patient contact to receive the flu vaccine each year. Such policies will typically include a process by which an employee...more

Seyfarth Shaw LLP

Forcing The Flu Shot? DOJ Sues Over Flu Policy That Requires A Note From The Clergy

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice filed a lawsuit on behalf of a nursing home employee alleging she was forced to receive a flu shot to keep her job when she could not provide a note from a clergy member in support...more

Constangy, Brooks, Smith & Prophete, LLP

"This Week In Employment Law" Quiz!

Are you in the know? Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will --...more

Haynsworth Sinkler Boyd, P.A.

Employer Policies Involving The Flu Vaccine And Discrimination Under Title VII

According to the Centers for Disease Control (“CDC”), the United States experiences a flu season each year. With this year’s flu season considered one of the worst since the 2009-2010 pandemic, many employers wish to...more

Seyfarth Shaw LLP

No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot

Seyfarth Shaw LLP on

Seyfarth Synopsis: Mandatory vaccines and flu shots present challenges to employers attempting to accommodate the sincerely held religious beliefs of employees. In this case, a hospital worker claimed that he was terminated...more

Spilman Thomas & Battle, PLLC

Did You Get the Shot? Religious Exemptions to Employer Mandated Flu Vaccinations

The last months of the year are marked by holidays, family, snow days -- and influenza, commonly known as the flu. For the 2017-2018 flu season, the Center for Disease Control ("CDC") recommends adults receive an injectable...more

Gray Reed

Sticking it to Your Employees During Flu Season

Gray Reed on

Frustrated with the high number of employees that did not show up for work in the fall and winter last year, Jim Duncey, the owner of Duncey’s Caps, Inc., issues a memo to all employees that they must provide proof that they...more

Sheppard Mullin Richter & Hampton LLP

Promoting Wellness, Not Litigation

With ever-increasing employer health care costs, it’s not surprising that Workplace Wellness Programs are becoming more common and comprehensive. According to Fidelity Investment’s fifth annual wellness survey, 95% of...more

Foley & Lardner LLP

Mandatory Flu Vaccinations? Immunize Yourself Against Religious Discrimination Claims

Foley & Lardner LLP on

You are an HR generalist at a 300-bed community hospital. Your boss has instructed you to make sure that all personnel files document that the employee received the hospital’s annual mandatory flu vaccination. However, you...more

Fisher Phillips

What’s Worse – Getting The Flu, Or Getting Sued?

Fisher Phillips on

If the goals for the healthcare industry could be distilled to a single word, that word would be “quality.” But the manner in which a provider achieves this varies widely. What works for a large system may not be appropriate...more

Fisher Phillips

EEOC Sues Hospital Over Flu Shot Dispute

Fisher Phillips on

In its continuing effort to press employers to accommodate workers under a variety of circumstances, the Equal Employment Opportunity Commission (EEOC) recently sued a Massachusetts hospital over its flu shot policy. The June...more

BakerHostetler

Mandatory Flu Vaccination Policies: Tips for the Upcoming Flu Season

BakerHostetler on

As the summer comes to an end, the dreaded flu season, which impacts employers across the country, looms ahead. According to the Centers for Disease Control and Prevention (“CDC”), the flu season can begin as early as October...more

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