Would Schools or Workplaces Be Allowed to Compel the COVID-19 Vaccine?
It is illegal for schools and workplaces in the United States to compel individuals to receive the COVID-19 vaccine, as they have only been granted emergency use authorization (EUA) by the FDA. This article explores the legal implications, rights of individuals, and potential consequences of such mandates.
The Legal Background: EUA and Vaccines
Under the Emergency Use Authorization (EUA), vaccines are given a temporary, emergency approval for use during a public health emergency. This means that while the vaccines have undergone some clinical trials and have shown to be safe and effective, they have not yet received full FDA approval. According to case law, unless a vaccine is granted full approval, private or public institutions cannot compel or coerce individuals to receive it.
What are the Consequences of Non-Compliance?
For students and employees, refusing the vaccine can lead to legal challenges and potential forfeiture of rights. For instance, a cruise line that refuses entry to unvaccinated individuals may face significant legal consequences. Similarly, a college that denies registration to unvaccinated students would not only lose tuition revenue but also face legal action. This is because the institution has essentially made an ultimatum: get vaccinated or face academic consequences.
Workplace Implications
Employers in the United States typically cannot fire an employee for refusing the vaccine unless there is a direct, substantial risk to public health. In most states, employees in healthcare settings can refuse the vaccine but may be required to wear a “scarlet sticker” indicating they have not been vaccinated. This safety measure applies to non-public-facing jobs. However, in certain critical roles, such as healthcare professionals or in public-facing positions, failure to vaccinate could lead to termination if there is a bona fide risk to public health. For example, dental professionals or those performing respiratory work may fall into this category.
Legal Strategies and Challenges
Individuals who face vaccine mandates in schools or workplaces can employ various legal strategies. The burden of proof lies with the institution to demonstrate that vaccination is necessary for the safety of the community. If an individual can prove that they are entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA) or other legal frameworks, they might succeed in avoiding vaccination requirements. Additionally, if the vaccine has adverse effects, individuals have legal grounds to challenge mandates and seek damages.
Current State and Future Projections
A school in the US has taken a measured approach by issuing guidance for students, acknowledging that full approval may not be granted until after the school year. However, the scientific community remains concerned about potential long-term side effects and uncertainties about the vaccine’s efficacy in different populations. As a result, many individuals, especially those in high-risk categories, are skeptical about the vaccine’s mandatory use.
Conclusion
The legal landscape regarding the COVID-19 vaccine remains complex and evolving. While good vaccines are undeniably beneficial, the rushed development of the COVID-19 vaccines raised many ethical and legal questions. It is essential for institutions to provide clear, transparent, and legally sound policies. This article underscores the importance of individual rights and the need for ongoing discussions and legislative actions to ensure public safety and individual liberties.