5 Takeaways After Hospital’s Worker Vaccine Mandate UpheldOn June 18, 2021 by Schnader in News
Michael J. Wietrzychowski was quoted by Law360 in “5 Takeaways After Hospital’s Worker Vaccine Mandate Upheld.”
As published on June 14, 2021:
“One day after a hearing in which he expressed deep skepticism about the workers’ challenge to the health care network’s policy, U.S. District Judge Lynn N. Hughes dismissed a suit brought by more than 115 Houston Methodist hospital employees.
. . .
For private employers that don’t have a vaccine mandate in place, Judge Hughes’ ruling may give them a crutch to lean on if they want to change their policy, according to Michael J. Wietrzychowski, co-chair of Schnader Harrison Segal & Lewis LLP’s labor and employment practices group.
‘Private employers can look to this opinion, and its reasoning, as further support of vaccine requirements for their employees,’ Wietrzychowski said.
If they do, Wietrzychowski noted that private employers must still consider offering accommodations for employees with disabilities or religious beliefs and make sure they are adhering to the latest guidance from the Centers for Disease Control and Prevention and the Occupational Safety and Health Administration.
They may be also obligated to collectively bargain with any portion of a workforce that is unionized over the decision to impose a mandate or any effects of the policy, Wietrzychowski said.
‘Finally, employers must consider any state or federal laws or regulations that limit or ban employers from requiring a vaccine to work,’ and ‘stay on top of any court decisions applicable to the jurisdictions where they do business,’ he added.”