Hi its a case study all the writing requirements are in the attachment.
No Plagiarismon time
HospitalEmployees Sue Over COVID-
19 Vaccine Mandate
By Lisa Nagele-Piazza, J.D., SHRM-SCP June 3, 2021
Some employees of Houston Methodist—which includes a medical center and several
community hospitals—are challenging a requirement that all employees get vaccinated
against the coronavirus by June 7.
The lawsuit was filed by 117 unvaccinated workers who claim that the medical group’s
26,000 employees “are being forced to serve as human ‘guinea pigs.’ ” Houston
Methodist is making employees “participate in an experimental vaccine trial as a
condition for continued employment,” according to the complaint, which was filed with a
Texas state court on May 28.
Houston Methodist CEO Dr. Marc Boom explained the reasons for the policy in an April
e-mail to staff. “I want to re-emphasize the reason we are making the COVID-19
vaccine mandatory. It is rather simple—as health care workers we must do everything
possible to keep our patients safe and at the center of everything we do. Mandating the
vaccine was not a decision we made lightly, but science has proven that the COVID-19
vaccines are very safe and very effective.”
We’ve rounded up articles and resources from SHRM Online and other trusted media
outlets on COVID-19 vaccination policies in the workplace.
Most Employees Complied
Houston Methodist was the first U.S. medical organization to require employees to get
vaccinated. Managers had to get their shots by April 15 and other workers have until
June 7. Houston Methodist said 99 percent of employees complied with the policy. Two
out of approximately 1,200 management employees opted to resign rather than get
vaccinated. “We are sorry that they made that choice, but by doing so, they are putting
themselves before the safety of our patients, which is not consistent with our culture,”
Boom said.
A plaintiff to the lawsuit, registered nurse Jennifer Bridges, initiated an online petition
against the COVID-19 vaccination policy. “Many employees are scared that they will
lose their job or be forced to inject the vaccine into their body against their will to keep
their jobs and feed their family,” she said.
https://www.shrm.org/authors/Pages/Lisa-Nagele-Piazza.aspx
https://secureservercdn.net/50.62.198.70/7e8.6e3.myftpupload.com/wp-content/uploads/2021/05/Methodist-Lawsuit1
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employers-who-mandate-vaccines.aspx
More Lawsuits Filed
Houston Methodist employees are not the only ones to challenge a COVID-19 vaccine
mandate. Some employees of other public and private businesses, as well as
universities that are requiring vaccination, have opposed such policies. The viability of
these lawsuits, however, remains uncertain since there isn’t much case law about when
vaccines can be required. The COVID-19 pandemic has caused nearly 600,000 deaths
in the U.S. and 3.6 million worldwide, which could make judges more inclined to side
with employer requirements that comply with federal, state and local rules and
guidelines.
Takeaways from the EEOC’s Latest Vaccine Guidance
According to the U.S. Equal Employment Opportunity Commission (EEOC), businesses
generally may require workers who enter a physical worksite to receive a COVID-19
vaccination without running afoul of federal workplace anti-discrimination laws, such as
the Americans with Disabilities Act, the Genetic Information Nondisclosure Act and Title
VII of the Civil Rights Act of 1964. However, employers must consider reasonable
accommodations for workers who refuse a vaccine for religious or disability-related
reasons, unless such accommodations pose an undue hardship on the employer’s
operations. Employers also should note that the Occupational Safety and Health
Administration and state and local authorities may have different requirements.
Emergency Use Authorization
Distribution of COVID-19 vaccines has been issued under the Food and Drug
Administration’s (FDA’s) Emergency Use Authorization (EUA) rather than the FDA’s
usual processes. But the FDA has said that the vaccine has met its “rigorous, scientific
standards for safety, effectiveness and manufacturing quality” and that “its known and
potential benefits clearly outweigh its known and potential risks.” In addition to EEOC
guidance stating that employers can mandate COVID-19 vaccinations in many
situations, the California Department of Fair Employment and Housing (DFEH) also said
the Fair Employment and Housing Act generally allows employers to mandate
vaccines that have been approved by the FDA. The DFEH specially noted that the FDA
has authorized and recommended three COVID-19 vaccines—all of which have been
authorized under an EUA. Notably, many employment relationships in the private sector
are at will, which means either the employer or the worker can terminate the
employment for any lawful reason. So an employer that mandates a vaccine may argue
https://www.eeoc.gov/publications/ada-your-responsibilities-employer
https://www.eeoc.gov/genetic-information-discrimination
https://www.shrm.org/hr-today/public-policy/hr-public-policy-issues/pages/titleviiofthecivilrightsactof1964.aspx
https://www.shrm.org/hr-today/public-policy/hr-public-policy-issues/pages/titleviiofthecivilrightsactof1964.aspx
https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2020/03/DFEH-Employment-Information-on-COVID-19-FAQ_ENG
https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2020/03/DFEH-Employment-Information-on-COVID-19-FAQ_ENG
https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines
the consequence of refusing a vaccine is being fired. But employment attorneys caution
that vaccine mandates may still be risky for employers.
Employers React to Workers Who Refuse a Vaccination
While most employers are encouraging employees to get COVID-19 vaccinations, some
organizations are requiring it. The legal risks of this mandate still are emerging, but
employers are standing their ground, and some businesses are firing workers who won’t
take the vaccine.
How Employers Can Help Achieve COVID-19 Herd Immunity
Recent SHRM research shows that 74 percent of employers plan to recommend that
their workers get vaccinated. Employers have a critical role to play in helping their
employees access accurate information and making it easier for them to get vaccinated,
said Andy Slavitt, senior advisor for the White House COVID-19 Response Team,
during a Society for Human Resource Management (SHRM) webcast for SHRM
members. Demand for vaccinations is leveling off, but HR can help motivate more
people to get vaccinated by providing reliable and accurate information. Employees may
have questions about side effects, how vaccines affect fertility and other concerns. “All
of these have good scientific answers to them, and we just want to make sure that
people get the straight story,” Slavitt explained. If people have the information they need
to make a decision, he said, then hopefully many more people will decide to get
vaccinated.
Questions: (Answer all)
In this assignment, you are required to address some of the issues that may arise as
businesses reopen and employees return to work, such as but not limited to:
1) Give a brief summary of the case study
2) Should COVID-19 vaccination be made mandatory? Take a stance and provide a
detailed argument to support your opinion
3) How has the issue in Texas violated/or not the employees constitution rights?
4) How would employers deal with employees who may not want to return to work?
5) What are your recommendations about how to revise work policies to ensure that
the employees are practicing social distancing?
6) Add any other points in relation to the case study
https://pages.shrm.org/futurework
https://www.shrm.org/LearningAndCareer/learning/webcasts/Pages/0521vaccination.aspx
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/keythingstoknow.html
Writing Requirements:
1. Your response should be at least 3-5 pages in length excluding the cover page,
abstract, and reference list)
2. Make sure to follow the APA format and guidelines. All sources must be cited both
in-text and in the reference section
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Formatting
Title Page
Citation
Outline
