Excited to share this episode and hopefully clear up some misconceptions surrounding COVID-19 Vaccine Mandates. The conversation starts with discussing if vaccine mandates are legal and ethical. (Spoiler alert, they are!!).
This discussion centers around finding accurate information. The Equal Employment Opportunity Commission has a wealth of resources and answers many FAQ’s regarding your rights in the workplace and what accomodations should be made.
I discuss the recent policies from the NFL and NYC regarding restrictions and repercussions for those that are not vaccinated. Health equity is always a concern and equal access to this vaccine MUST be achieved to ensure mandates do not disproportionately affect disadvantated people groups.
I would love to hear your thoughts on this issue!
Welcome to Curbside Ethics. So happy you tuned in. Please share with your fellow clinicians and leave a rating or comment on iTunes. Visit www.StevenBradleyMD.com to request a personalized ethics consultation from our host.
Transcription:
Hello and welcome back to Curbside Ethics, Dr Steve Bradley, Your House. I am in an Essilor, st and clinical medical episodes. Today. I am excited to talk about this subject matter. I have been tracking this for over a year and specifically looking at the rise of the vaccine mandate. We knew it was coming. I know a lot of people were thinking more about how to manage Copan nineteen star scope to the cap of physiology over last year, as these back tens were developed, they brought with them new ethical consecrations and how they would be first distributed and now mandated port strongly suggested. I in on how you look at it. It’s been in the press a lot over the last couple of weeks and last month we’re going to talk today and review some of the literature and the data and the policies on vaccine mandates. Are they legal? Are they ethical or the good idea? Will they help people get vaccinated, will in first the process. So I’ve read quite a few articles on the subject over the last week to kind of brush up at it to jump in so we’ll get right to it briefly and in my opinion, are these vaccines? Ethical? Yes, are gay legal? Yes, I’m not a lawyer, but I was able to read several articles written by lawyers and review some of the state policies, the federal policies regarding mandates for vaccinations. Additionally, we’ll get into this a little later. I give any questions at all. You can always go to the equal employment opportunity commissions website and they have a whole page dedicated to Covet Nineteen and vaccines, and you can see exactly what’s leagate a lot of his information. No shocker that’s been circulating online and social media and people are really concerned about these vaccine mandates. But before you start protesting and burning bridges, you really want to know what is legal. You even have a court case to protest whatever it is that you want to protest and proceed from there, because you probably already signed some documents, and you probably already agreed to some stuff, and you need to know where you stand so when it comes down to our vaccine index legal. Yes, if you look at the equal employment opportunities website, they again have a whole list of information and polices regarding what employers can and cannot mandate. The precedent has already been set with regards to immunization records. I know people like these is turn back same passports. Immunization records is something that has already existed, that we all have already in some form whether that’s mandating the annual flu shot or measles or the hepatized be vaccine. Most health care systems already have these mandates in place. It does not come from the federal level, there’s no federal mandatory vaccines at this point in time, however, states universities, other government organizations, have their own mandates and things that they require for their employees in most states. A condition for entry into the school system for children is to have certain childhood vaccines. There’s about fifteen. Sixteen states currently that require flu shots and Hepatitis B vaccines for various lines of employment. So the precedent is already out there. It’s already been said, and if you have it run into it yet then you probably haven’t worked so where that has had that mandate. That’s all, and so he there is a subjective component to it. I was on my talking there’s a paramedic who’s that he never had a hepatitis B shot required for his line of employment. Okay for all the hospitals that I’ve ever worked at, I have had to produce a Munsan record and show that I was acceded for Appetitus B, that I was negative for Toricelli, so hospital systems and individual companies already have these manaton place from a federal perspective, state and Local Government. They hold the reins and they control what is and is not required or mandated with the introduction of these vaccine mandas. For specifically, these Covet night team vaccine mandates that are on the rise. There’s a different states that are starting to launch legislation for different purposes with there, as intires RMINATION, to try to prevent organizations from requiring these vaccines- and you know time will tell we’ll see what this legislation comes and result in whether I goes up to a Supreme Court and there is a decision made from on high, but currently there’s not much of a legal standing for these discrimination lawsuits. If you go again to the equal employment opportunity website, you will see that there are already stipulations in plays for people that have some underlying condition or belief that precludes them from receiving the vaccine. So again I’m going to go straight to the page. It says what you should know about: Covin nineteen and the American. A Disabilities Act, the rehabilitation action, other equal employment opportunity laws and they have a whole table of contents about what is you know required for to keep your medical formation confidential spoiler alert. Hippi does not apply to your employer, asking you if you’re vaccinated or not the health, insurance, portability and Protection Act specifically talks about what a hospital and other covered entities have to do to protect your privacy. So your employer, asking, if you are or not vaccinated, does not violate hip up. It doesn’t violate your your personal privacy. If you don’t want to answer your ployers question, you don’t have to answer the players. Question is a consensual relationship and, just like it comes down to most things with ethics, you can do pretty much whatever you want to do, but it doesn’t preclude you from the repercussions of your actions. So, depending on your interaction with your employer, it may go well and may go poorly. You may need to find a new employer so straight from the EOS website. Regarding the confidentiality of medical information. So the question they have a it’s all in a question to answer format. Questions like may an employer disclose the name of employee to a public couth agency when it learns that the employee has Covin nineteen the answers yes per the eel when it comes specifically to vaccinations. This is again straight from the equal employment opportunity commissions website. The EE has received many inquiries from employers and employees about the type of authorization granted by the US Department of Health and Human Services and the Food and Drug Administration for the administration of three coid nineteen vaccines. These three vaccines were granted in mergency use other ization by the FDA. It is beyond the EEL C’s jurisdiction to discuss the legal implications of a burdens, youth, operition or the FDA approach, individual taking Marforio, Bat, legal implications of merge authorization or the FDA approach to vaccines can visit their web page. Their jurisdiction is limited to the Federal El laws. As noted. The first question under this is under the American with Disabilities Act and other federal employment. Non Discrimination, acts or laws may an employer require all employees physically entering the workplace to be vaccinated for Calvin Nineteen. Their answer, the Federal Eo laws do not prevent an employer from requiring all employees physically entering the workplace to be vacated for Covin nineteen subject to the reasonable accommodation provisions of title seven and the American Disabilities Act and other e EO considerations as discussed below. The next question is what are some examples of reasonable accommodation. Democlat ion that employers may have to provide to employees who do not get vaccinated due to disability, religious beliefs, practices, observances or pregnancy, and again says they must be entitled to a reasonable accommodation. It does not pose an undue hardship on the operation of the employers, business, for example. They may have to wear a face: Mask work in a social distance from coworkers or non employees, work modified shift. Basically, there are alternative. This web page goes on and on and on, but again I encourage you to get your information straight from the stores. It will clear up a lot of confusion. You don’t have to post on social media and cause more drama, because there’s already been a lot of drama of the last two years. Regarding you know, sasco to in Covin nineteen. I think it’s safe to assume that as these businesses and these large corporations start to mandate, coved nineteen vaccines they’re not going to put themselves in jeopardy of being sued, so they’ve already checked their lawyers, who make a lot more than I do. I’ve already looked into this issue. Companies like the the NFL, for example. They recently have made the news for requiring or more likely, strongly encouraging players to become vaccinated from what I’ve read. The NFL does not officially have a vaccine mandate for their players. Essentially, I think the players union would have to weigh in on the legality of cubine nine mandate, because these players do have contracts and depending what’s in, has contracts will affect their terms of employment. However, the NFL does have the power to impose harsh restrictions and repercussions for players who are not vaccinated and because of that affect the livelihood of their co workers, their fans and the NFL as a business T. I think we’ve come to the point where we realize that, yes, these vacant illegal. The next question, though, is: Are they ethical, so just like with the NFL when it comes to how to approach this businesses have a responsibility to protect the health of safety of their employees of their customers and from that they are able to enact these restrictions when it comes to specifically health care facilities. Again, they also have those legal and ethical responsibilities to protect their staff, the patients and everybody that comes into the hospital back when Covet nineteen was was raging and and is destroying the world. Essentially, it hit health care workers the hardest and as health care workers were taking out of circulation or had to self quarantine that put restrictions and and really cripple the helter system, especially in our large cities like New York, and we saw the fall out from that. So fortunately, with this new vaccine, I think the numbers I read recently, almost eighty or ninety percent of health care workers have received at least one dose of the vaccine, and this enables the system to continue to stay open for other people, not just people suffering from Covin nineteen, but people that are having your typical heart disease stroke that need emergency care. So that is the importance of maintaining a healthy workforce. So it’s always been legal for these hospital systems to have these different mandates for vaccines. The ethics absolutely is there that they have this ethical obligation to continue to be able to function and care for patients. Now, it’s not all somesin on roses right, because it’s health or organizations, unfortunately, are probably more focused on maintaining a profit and just like with the NFL and businesses in New York, as Colbert nineteen starts to rise again an incident they’re going to take a hit to their bottom line, and that’s probably the incentive for these vaccine mandates. If you want to be real and you can mandate, your employers do that and then you’re going to take less of a hit on your bottom line when it comes to, businesses were already talked about colleges and secondary education. Again, those those individuals and those organizations have the legal and ethical position where they need to protect their students. If student population protect the environment and they are well within their rights to establish these vaccine mandates recently in New York City, they have announced this new vaccine mandate is going to start in August August, sixteenth and it will officially be enforced as of September thirteenth, and it’s called the key to New York City pass where you must be vaccinated and be able to show, prefer vaccination to eat it, indoor bars and restaurants, to go to other indoor events and places and again the question of is illegal. Yes, obviously, the city of New York, I’m sure lawyers went through the court system, looked at case law all that stuff before making this mandate. Is it ethical? Absolutely now, when it comes to the ethics of this, there’s, always a couple different ways to look at the the ethical scenarios from a utilitarian perspective. Yes, this is the greatest good for the greatest number of people, ideally you’re, decreasing their spread and transmission of this deadly virus and you’re able to help encourage other people to get vaccinated and overall you’re doing the greatest good for the great number of people. If you look at it from an individualistic perspective, where one that someone’s economy is being infringed upon, sure, yes and no a little bit again, nobody is holding people down and forcing them to be vacated. That would absolutely be an assault upon one’s person upon ones an autonomy, but we’re not forcing anybody to get these vaccine because we are all humans with our free will and we have the ability to refuse again with that decision or choice comes repercussions, and you need to know what those repercussions are before you make this decision. So if you live in New York and you decide not to be vaccinated as he September thirteenth, you will be restricted essentially from different establishments. And again, that’s for the greater good of your fellow citizens in the city of New York and interesting, a not so with this Kun New York did he pass. I guess they have a couple of different apps where you can have your vacilation status, or you can have your facts and your vaccine card they’re not going to enforce this currently for children t those under age. Twelve, I just can’t stress is enough. When it comes down to it, you are not removing choice. Now, some of the health equity concerns that can be imposed with this is if there is not equal access to this vaccine. You are now discriminating against supports of the population because they have not had the opportunity to receive the vaccine, and now they are being barred from integrating into society, and I’ve had some great talks with some of my brothers, a Talo Brown who does a lot of health equity work. Dr Robert Drummond, Dr Jamie Rutlan. These guys are just geniuses when it comes to Covin. Nineteen and we’ve had to fantastic conversations about this and the health equity concerns of the vaccine and thankfully, we’re starting to close that gap. Talk to talking to a Tolo, there’s a lot of work to be done still in disadvantaged communities and ensure that they can easily receive this vaccine. I know it’s been out for months and months, but that is the nature of Hel Cartesii s that if you don’t pay attention, you’re going to have some folks out there that are not receive this vaccine, whether it’s due to misinformation that is so rampant people that need additional information. People that have questions I need to be answered or people have just don’t, have access due to transportation, issues or scheduling issues, and there are gaps that need to be filled. So this legislation, or these vaccine mandates and barring people from certain establishments will have significant potential to impact some individuals quality of lives more so than others. After everything, when it comes down to the vaccine, mandates we’re not completely ethically free right. So, there’s the concern that this could be inducing some form of coercion into the system and over coloring people to get this vaccine and it doesn’t quite apply we’re kind of throating with that line sure but coersion again. The definition of Westers is the persuasion by force or threats and when it comes to borrowing, people from bars and restaurants or barring people from employment and different God opportunities. It’s not for her threats. The intention of these bands and these mandates is to protect the greater good. So it’s coming from in place of Alteris and beneficent. It’s not coming from a malignant place where or our malevolent, where we’re trying to punish people per se. But people are spreading a deadly disease and we have the responsibility as productive members of society to do what we can to help stem the bread. So what are your thoughts on vaccine mandate? I know they’re probably coming soon to a place for you. The one hang up that I do have with this and that you know talked with Dr Robert Dromon and Dr Rutland about this extensively. For me, I would a hundred percent up on board, wants these vaccine or no ger on emergency use operition and have a full biologics license application. I do think it’s just a bit premature to roll out complete vaccine mandates. I think we have a fantastic amount of evidence that these vaccines do work to help decrease the severity of the disease caused by the virus SARS cof to- and I think, there’s enough information to act. You know when you have a trial that shows it’s extremely harmful or it’s extremely an official off at times a they stop those trawls early for the greater good again, so I think to dot the eyes and cross the teas. Ideally we would soon have this biologics license application, where these vaccines are fully authorized by the Food and Drug Administration, so that is the one part that I’m not entirely imbort with, but overall I think this is going to do a lot to help demete of Covini Eten. So what are your thoughts about vaccine mandates? Are you for them? Are you against them? Does your employer currently mandate the vaccine? If so, or, if not, would that influence your decision to take the vaccine? I love to hear from you again my website. Seven redly in Deecay can hit me up. Send me your ethical non drums. I would love to give you some feedback. I also host the black actors. Podcast show that tells the stories of inspiring health care professionals with the gold is part in their generation, so definitely check that out. New episodes released every Monday on that show. If you enjoy what you’re hearing please help support me. You know share this episode with somebody WHO’s interested or concerned about vaccine mandate. Please leave a review lever rating. This really helps the show get out there and reach more people. I love reading and talking about this stuff, and I love coming to you and sharing. Thank you so much for listening Todo next week to another episode of Purpote e show that helps you make better ethical and equitable decisions benefit of your patients.