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Hi its a case study all the writing requirements are in the attachment.

Hospital Employees 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.

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

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

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