FlyerTalk Forums - View Single Post - Delta Air Lines Employee Vaccinations/General Vaccine Discussions (Closed)
Old May 14, 2021, 10:35 am
  #13  
ethernal
 
Join Date: Feb 2017
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Originally Posted by eneq
Without getting too OT, there is a legal grey area right now surrounding whether companies are allowed to require a vaccine that has only been authorized under an EUA.
This is an often repeated myth. There is not really a legal grey area, at least not as far as the EEOC and other government agencies that have issued guidance on this topic are concerned. Their language explicitly says authorized or approved. The timing of approval vs. general availability of vaccines will roughly coincide (Pfizer approval will likely happen next month), so the actual issue is moot - the earliest chance firms could really require vaccination would be the end of this month based on availability and full approval will follow shortly. So yes, most companies will wait for it, but it's not strictly required. Multiple hospitals have already let staff go who refused to get vaccinated with no repercussion.

No court is going to rule in favor of a plaintiff in any context where they are expected to comingle with the general public or other staff in close quarters, the vaccines are under emergency use authorization with an excellent safety profile, there is a federal state of emergency declared, and all 50 states still have state-wide state of emergencies declared. Anyone who thinks otherwise is deluded.
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