From presidential candidate Donald Trump’s promise to reinstate military members who were fired for not getting COVID-19 shots to a federal court decision favoring employee vaccination preferences, vaccine mandates at work appear to be coming to an end.
The Seventh Circuit Court of Appeals in Chicago, Illinois ruled employees at Wisconsin health care system Aspirus, Inc. can go forward with their claim that they were unlawfully denied a religious exemption from having to accept a COVID-19 shot. Aspirus claimed the employees’ real reason for not wanting the shots was secular, not religious.
Public Employees Protected
In 2023, Texas updated Section 81B.003 of the state’s health and safety code prohibiting vaccination mandates for state and local government employees. Before the change, employees had to prove a health risk or religious convictions to be granted an exemption.
Texas has taken the lead in prohibiting government agencies from issuing mandates for people to get vaccinated. Similar laws have passed in Florida and 11 other states: Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Montana, New Hampshire, North Dakota, Tennessee, and Utah.
Private Employees’ Rights Unclear
Private employers are a different matter says Javier Perez, a board-certified labor and employment law attorney with Crain Brogdon LLP in Dallas
“Despite the new protective laws for [government] employees, unless there is a specific law prohibiting employer vaccine mandates, employers can still, generally speaking, impose workplace vaccine mandates so long as they do not discriminate,” said Perez, a board-certified labor and employment law attorney with Crain Brogdon LLP in Dallas. “The employer has wide discretion to decide what the rules of the road are in their workplace.”
The dynamics in the workplace have changed, says Perez.
“My sense of the job market is that employers can replace people who won’t comply,” said Perez. “But with a lot of jobs pivoting to remote work—more than we thought possible—it’s kind of an easy way, on a temporary basis, to work around those risks.”
Mandates ‘Have Backfired’
Despite the lack of clarity in employer-employee relations, the tide is turning against vaccine mandates and other COVID-related work rules, in particular failures to accommodate religious exemptions, says Douglas P. Seaton, J.D, Ph.D., president of Upper Midwest Law Center.
“These mandates, based on shoddy or no science, have backfired because they have resulted in serious levels of suspicion of the bona fides of all new government regulation, especially when ‘science’ is claimed to be the rationale,” said Seaton.
‘Simply Shut Up’
In 1905, the U.S. Supreme Court ruled Massachusetts could not pass a vaccination mandate to protect the individual but could do so “to protect the public from a dangerous communicable disease.”
Historically, the public health bureaucracy had been relatively circumspect in exercising that enormous power to control individual behavior, says Linda Gorman, director of the Independence Institute’s Health Care Policy Center. Things began to change in the 1990s when public health researchers and government health bureaucracies were captured by the notion that the British, Canadian, and European health care systems were better than the U.S. system because they were government-controlled.
“They apparently believed that health would improve, and costs would fall, if patients, doctors, and suppliers would simply shut up and do as they were told,” said Gorman.
‘Power Is Attractive’
The COVID-19 pandemic tested that power. Instead of systematically providing the best available information to individuals about the new COVID vaccine and allowing informed consent, the bureaucrats resorted to brute force to make people do as they were told, says Gorman.
“Power is attractive, and I see no sign that the health bureaucracy will give up its vast powers without a fight,” said Gorman. “The tragedy is the backfire has made people suspicious about all vaccine recommendations, and unknown numbers of people will die and suffer severe health consequences as a result.”
The COVID overreach made credentialed experts’ ethical failings evident, says Gorman.
“It is now obvious that government health bureaucracies see no harm in lying about efficacy, disease risk, and data quality in order to achieve their own end,” said Gorman.
“The first question is, ‘What do we do about it?’” said Gorman. “The second is, “Who should people trust for the accurate information they need to make informed decisions about their medical care?”
Kenneth Artz (KApublishing@gmx.com) writes from Tyler, Texas.