How Limiting Are the Limitations on Mandatory Employer Vaccination?
USA
December 22 2020
This week, the EEOC approved employers requiring employees to receive COVID-19 vaccination, subject to limitations. How limiting are the limitations? Case law applying them is thin, but generally treats them as narrow. In fact, an argument is taking shape that employers actually have a duty to require the vaccination of certain employees. Constitutional and additional statutory limitations arise if government mandates the vaccination and when government is the employer. Requiring proof of vaccination is preferable to private employers themselves vaccinating, although employers that vaccinate may be entitled to take advantage of state and PREP Act immunities.
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The standard of review on a Motion for Summary Judgment is clear in Florida: “Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law.”[1] In a summary judgment hearing, the court can only look at the record evidence and determine if the evidence shows any material dispute. The judge cannot weigh the evidence in making this determination. In practice, this has meant that simply filing an affidavit in opposition to summary judgment,