My former UIUC colleague Matthew Finkin has an interesting article on workplace law with respect to vaccinations. He writes:
Employers may be liable under state law to employees and customers who are infected by workers when legally adequate precautions against infection have not been taken.
Moreover, under federal law, employees can refuse to perform work if they have a reasonable apprehension of death or serious injury when there is a reasonable belief that no less drastic alternative to refusing to perform that work is available. ...
To the extent the communication of a disease can be eliminated or much reduced by inoculation by a safe and effective vaccine, it follows that employers would adopt policies requiring employees be vaccinated. Employers may also wish to reduce their medical insurance cost and to reduce the possibility of lost work time and sick leave. This, too, could entail a mandatory vaccination.
Even so, such actions may confront legal challenges on the part of applicants and incumbent employees based on:
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religious objection,
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objection due to the applicant or employee’s specific medical condition, or
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objection based on ethical or ideological grounds.
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It makes a good read.
