Although 99% have complied with the Hospital's vaccination mandate, 117 employees have now sued to avoid termination if they continue to refuse to be vaccinated. Their argument is that the vaccinations are still experimental because they were given emergency versus final approval by the FDA. Moreover, they claim that the requirement is contrary to Texas public policy as well as the Nuremberg Code which address standards and ethical guidelines relating to human experimentation. 

Lesson Learned

It is important to note that the EEOC is on record as stating that such a requirement is legal and does not violate the Americans with Disabilities Act, the Rehabilitation Act or similar laws although certain exemptions based on a disability or religious beliefs may apply and should be considered. Under these circumstances, the employer should try to make a reasonable accommodation. These could include wearing a mask, working from home or working in an area away from patients and employees. (See