Q Our management team wants to mandate that every employee get a flu shot. I know there will be resistance from our employees on differing grounds (religious belief, fear, and the like). Help!
A Unless an employee is in a health care setting, this is a difficult call. For hospitals, nursing homes, and other care providers, the state health department mandates flu shots. That’s a good thing because it provides you with a defense for an adverse employment action if the employee refuses to take the shot. However, even without a regulatory mandate, you can send someone who is contagious home.
Other considerations include (1) the risk of a possible religious discrimination claim if you terminate or discipline an employee for noncompliance, (2) a court deciding that the requirement isn’t a legitimate business decision, or (3) the National Labor Relations Board deciding that a concerted refusal by two or more employees is “protected concerted activity.”
Need to know more about how to prepare for and handle when the flu hits your office? Check out these past HR Hero Line articles:
Karen Clay is an associate with Jones Walker in the firm’s Labor & Employment Practice Group in the Jackson, Mississippi, office. She represents primarily employers in litigation related to discrimination and harassment in the workplace and also has experience representing employers on wage and hour issues. She may be contacted at kclay@joneswalker.com.