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Is it right that two hospital nurses from Indiana lost their jobs over refusing flu shots? Tom, Clint and Jonna debate the legal and health ramificati...
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-- the -- -- flu season said to be one of the worst in the last ten years and doctors say it's prudent for young children and older Americans to get that vaccine.
But now some employers are telling their employees they have to get a flu shot or they will be fired.
Can't companies force -- to get a vaccine joining me now defense attorney -- billboard and attorney Clinton David so now here from car.
We've got employers telling people mostly in the in the health -- industry that they have to get this shot Clint.
-- -- Well of course they candidate they can't time to the ground in -- them with a needle but can certainly.
Make as a requirement for their employment in a hospital.
That they obtain a flu shot and and don't forget it wasn't just this hospital that dream this up because there were bored one afternoon to see both the CDC.
NDA and may have strongly recommended that hospitals.
Required this so clearly they can and clearly they can fire them -- they choose not to obtain.
The injection I I think it's pretty much that straight forward.
Alright John -- listen this is this is where even the medical people disagree with each other you heard the nurses say they're not for the doctor says yes I am.
I and I've heard both from medical people to some -- for summer against.
So what where does that leave view it this that -- employee rights of if it's not sure if it's bull.
All that good.
You know every single hospital employee should always be protecting the patient from any sort of -- that could compromise are healthy and for that we get that.
But the problem here is in most states in the United States they're considered at will employees and I would if you don't have an employment contract.
You could walk into work today time and your -- that -- -- tie your rat here.
Unless the reason why you're firing somebody violates public policy so what's telling here is when the nurses got -- and said.
Our -- -- says that we should not be putting these pollutants in our body that may be the only component of this that allows them to fight.
And win because that's the title seven argument race religion sex color creed and they -- -- on village post.
That's -- -- religion they guilty about the so does that make it.
Again -- the resort -- that was.
Fired because she felt that she had this garbled letter because they -- if you don't get the flu shot you can still work.
But -- April 1 you have to Wear a mask Clinton.
Right what will let me say this and and -- exactly right that's the exposure for the hospital.
But but Tom -- -- religious beliefs and then there are religious beliefs strongly held convictions.
Strongly.
Felt motives those do not necessarily rise to the level of legally protected.
Our freedom of religion or religious discrimination.
That's the problem you got here and the EOC has deadlines are short guidelines and that set forth.
What can constitute.
Discrimination.
-- based upon religion and it is a murky area.
It really is but that is probably the only.
Exposure they have but -- -- quickly as an attorney if -- CEO of that hospital walked in my office this afternoon and said what do why do.
I would say pick your poison you're gonna get sued by somebody I would rather terminate these nurses and face a -- religious discrimination lawsuit.
That I would a lawsuit from a patient and god forbid dies.
Because they catch the flu from this nurse and they find out that you exempted this nurse from your requirement of getting flu shots.
So -- risk vs risk you you cannot accommodate -- -- What you wouldn't take pick you poison literate so -- -- -- religious exemption though.
I I might expect claim.
That IA have a religious bizarre behavior that I have to do while doing this show.
It won't fly I mean how far can you say in my religion is live news.
Protects -- and Clinton's senate exactly right it's very murky this is going to be very protracted litigation when these nurses do -- for -- -- for wrongful termination.
But let's think of the other practical side of -- if you're patient in the hospital.
And you catch something you know what you caught it from a nurse a family -- somebody who was visiting some in the cafeteria the dinner you don't know how you've got the disease as a practical matter I think the hospitals to be concerned with.
Keeping qualified nurses -- know -- a nurse rabbit and it happened on your face rather than firing people for not getting the flu shot.
All right -- last question if listen would tell us about all the healthcare business and -- kinda get that.
But can my employer here at fox still me that I have to get the flu shot.
Well -- here's yes they -- and and John is right it's -- that will state that could fire you for not getting a flu shot they get value for getting a flu shot the guitar you can -- your time.
But but it but it's interesting very quickly get going back to the religious discrimination let's say you said no I don't wanna come because of your religious beliefs.
They then how.
-- to under the EEOC guidelines make some quote reasonable accommodation for you whatever that may whatever that means.
If it doesn't calls an undue hardship.
So that's sort of the back up -- the employer -- to try to accommodate you.
That is what BOC guidelines required if they can't they -- let -- go and you're gonna go see your lawyer down the corner.
It all used to be so simple.
I think just a -- it -- just love to see more done dumbest billboard Clinton David thank you both very much thank you coming up.
