NEW ORLEANS — With Pfizer’s vaccine receiving full approval from the FDA, this clears the way for vaccine requirements on the job and at universities.
After evaluating hundreds of thousands of pages of scientific data, and after 204 million doses have been given, the FDA just approved the Pfizer vaccine for anyone 16-and-older.
Scientists say it meets high standards for safety and effectiveness. No longer under Emergency Use Authorization, people can't call it experimental any more.
Local Hospitals and universities acted fast, with memos alerting faculty, staff, and students to a current, or impending, mandatory vaccine policy.
“I think we are at a critical juncture of workplace safety. At the bedrock of your legal obligations, is to keep your workplace safe,” said Employment Litigation Attorney Christine Tenley at McGlinchey Stafford Law Firm.
She says employers may now feel more comfortable mandating a vaccine. There are two exceptions, religion or a medical condition.
“I would have that employee receive, or go get documentation from their medical provider, that says something to corroborate their request," Tenley said. "We as business owners do not want to be playing doctor.”
In May, the EEOC said employers could mandate a vaccine. This new FDA approval strengthens their authority.
“Other individuals who are simply nervous or don't want to do it, they can lose their job and they're not going to be able to sue,” Tenley said.
When it comes to public mandates, the law varies from school to school, parish to parish and state to state.
When asked if she is expecting more litigation when it comes to this change, Tenley replied, “Well actually, I'm seeing it on a daily basis. I'm seeing probably 15-to-20 cases being filed nationwide.”
She now expects a wave of employer shot mandates. That could either lead to the community getting to herd immunity sooner, or a wave of people leaving their jobs.