Bridges, et al v. Houston Methodist Hospital et al, Docket No. 4:21-cv-01774 (S.D. Tex. Jun 01, 2021) dismissed a case challenging a hospital’s mandatory COVID-19 vaccination policy for employees. This is the first court opinion addressing the ability of employers to require employees to be vaccinated against COVID-19. The decision is also notable in that it rejects the argument, which has been advanced in other cases challenging mandatory vaccination policies in the employment context, that such policies are prohibited by the federal Food, Drug, and Cosmetic Act (“FDCA”).
https://leglobal.org/2021/06/29/usa-...nfidentiality/
The EEOC stated that employers can require COVID-19 vaccination of all employees entering the workplace, so long as certain requirements are met. First, the qualification standard must be job-related and consistent with business necessity. Second, if a particular employee cannot meet such a safety-related qualification standard because of a disability, the employer may not require that employee’s compliance, unless it can demonstrate the individual would pose a “direct threat” to the health or safety of the employee or others in the workplace. This remains a controversial position and some employers may argue that a lower burden of proof applies.
Stitt should concern himself with clawback provisions when handing out 300 M to start ups. His track record dealing with any facet of Covid is abysmal.
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