YOU
YOU KNOW,
YOU KNOW, FOR MONTHS YOU'VE HEARD FROM HEALTH PROFESSIONALS
AND SCIENTISTS VERIFYING
THE SAFETY OF THE CORONAVIRUS
VACCINE AND ENCOURAGING PEOPLE
TO GET IT.
WELL NOW THERE ARE NEW FEARS
ABOUT POTENTIAL CONSEQUENCES IF
YOU DON'T GET IT.
>> SO WHAT ARE
THE REPERCUSSIONS IF ANY?
HERE'S GABE COHEN WITH OUR
VERIFIED TEAM.
VERIFIED TEAM. >> THERE'S A SHOT IT ENDS THIS
PANDEMIC.
PANDEMIC.
PANDEMIC. >> AND AS THE COVID VACCINES
ROLL OUT, SOME WONDER IF THESE
DRUGS MAY SOON BE REQUIRED IN
SOME SETTINGS.
SOME SETTINGS. >> SO LET'S VERIFY CAN
COMPANIES MANDATE THAT
EMPLOYEES GET A COVERED VACCINE
?
?
? AND
? AND WHAT ABOUT PUBLIC SCHOOLS
OR STATES OR SOURCES THEY EQUAL
EMPLOYMENT OPPORTUNITY
EMPLOYMENT OPPORTUNITY COMMISSION AND FOR MEDICAL LAW
EXPERTS.
EXPERTS.
EXPERTS. >> NOW WE NEED TO THINK OF THIS
IN TWO PHASES.
FIRST, WHAT'S ALLOWED UNDER
EMERGENCY USE AUTHORIZATION
WHICH THE FDA HAS NOW APPROVED
AND THEN THE RULES FOR LICENSE
VACCINES WHICH THESE WON'T BE
FOR MONTHS UNDER EMERGENCY USE
.
.
. THE
. THE CURRENT STATUS OR EXPERTS
DON'T AGREE ON WHETHER OR NOT
MANDATES ARE ALLOWED.
>> I'M GOING TO SAY NO.
DR. ARTHUR CAPLAN SAYS RIGHT
NOW THESE ARE BASICALLY
EXPERIMENTAL DRUGS AND NO
MANDATE WOULD HOLD UP IN COURT
.
.
. >>
. >> PROFESSOR PETER MYERS POINTS
TO THE FDA AS EMERGENCY USE
RULES WHICH SAY RECIPIENTS
QUOTE HAVE THE OPTION TO ACCEPT
OR REFUSE THE VACCINE.
>> HOW CAN YOU PLAUSIBLY ARGUE
THAT AN INDIVIDUAL CAN BE
REQUIRED TO GET IT?
>> BUT PROFESSOR DOREY RICE
SAYS THE FDA DOESN'T SPECIFY
THAT COMPANIES CAN'T HAVE
CONSEQUENCES FOR EMPLOYEES WHO
REFUSE A VACCINE.
THAT'S AN AREA WHERE THE LAW IS
CLEAR.
CLEAR.
CLEAR. >>
CLEAR. >> THE EEOC AGREES, TELLING ME
EMPLOYERS CAN MANDATE THESE
UNLICENSED VACCINES AS LONG AS
THEY COMPLY WITH FEDERAL LAWS.
SO FOR NOW THIS IS A GRAY AREA
.
.
. AS
. AS FOR
. AS FOR FULLY LICENSED VACCINES
WHICH THE FDA COULD MAKE THESE
LATER THIS YEAR THERE ARE
ESTABLISHED PRECEDENTS
ESTABLISHED PRECEDENTS BUSINESSES AND STATES AT THAT
POINT CAN MANDATE THIS.
>> NINETY NINE PERCENT OF
THE U.S. POPULATION IF THEY
WANT TO THEY CAN MANDATE
SCHOOLCHILDREN, HEALTH CARE
WORKERS, TEACHERS ARE ALL
REQUIRED TO BE VACCINATED.
>> AARON GOLDSTEIN IS A LABOR
AND EMPLOYMENT ATTORNEY AND
THERE'S NO LEGAL PROBLEM WITH
THAT WITH EXCEPTIONS FOR
INDIVIDUALS WITH EITHER
DISABILITIES OR WITH RELIGIOUS
BELIEFS, THE EEOC HAS ISSUED
GUIDANCE THAT EMPLOYERS CAN
REQUIRE COVERED VACCINES AND
CAN MAKE EMPLOYEES SHOW PROOF
THEY GOT ONE.
>> THE TWO EXCEPTIONS PEOPLE
WITH MEDICAL ISSUES OR
RELIGIOUS OBJECTIONS AND A
REASONABLE COMBINATION MIGHT BE
YOU KNOW, MAKES HIM WORK IN A
SEPARATE AREA, MAKES THEM MAKE
MANDATE MASS.
MANDATE MASS. >> THE GUIDANCE SAYS IF THOSE
EXEMPT PEOPLE CAN'T BE SAFELY
ACCOMMODATED, THE EMPLOYER CAN
KEEP THEM OUT OF THE WORKPLACE
.
.
. >>
. >> BUT
. >> BUT THEY CAN'T AUTOMATICALLY
FIRE THEM BECAUSE OTHER RIGHTS
MIGHT APPLY.
MIGHT APPLY. IN OTHER WORDS, IT'S
COMPLICATED AND CASE BY CASE
YOU GET A RELIGIOUS EXEMPTION
IF YOU WORK IN A HOSPITAL I
DOUBT COULD SOMEBODY WITH AN
EXEMPTION STILL GET INTO LET'S
SAY A FOOTBALL GAME IF IT'S
REQUIRED THAT PEOPLE HAVE
VACCINES?
VACCINES?
VACCINES? >> DO YOU THINK THAT YOU WERE
TRYING TO ENTER SPORTS EVENT?
>> CONCERT ENTERTAINMENT THING
?
?
? I
? I SUSPECT MOST OF THEM WERE
GOING TO SAY NO, WE'RE NOT
TAKING ANY EXEMPTIONS.
EVEN STATES CAN MANDATE
VACCINES.
VACCINES.
VACCINES. >> IT DATES BACK TO A 1985
SUPREME COURT CASE.
JACOBSON VERSUS MASSACHUSETTS
WHERE THE COURT RULED THAT
THE STATE OF MASSACHUSETTS
COULD REQUIRE EVERYONE TO GET
VACCINATED AGAINST SMALLPOX
UNLESS THEY HAVE A MEDICAL
REASON.
REASON.
REASON. AND IN 2019 NEW YORK PASSED A
STATE LAW ENDING RELIGIOUS
EXEMPTIONS FOR VACCINATING
SCHOOLCHILDREN AFTER A MEASLES
OUTBREAK.
OUTBREAK.
OUTBREAK. SO WE CAN VERIFY YES, ONCE
THEY'RE LICENSED BUSINESSES,
SCHOOLS AND STATES CAN MANDATE
COVERED VACCINES WHETHER OR NOT
THEY WILL EVEN THE EXPERTS
DON'T KNOW.
DON'T KNOW. DO YOU FORESEE LEGAL FIGHTS
RELATED TO MANDATES OVER
THE NEXT YEAR OR TWO?
>> I THINK THERE COULD BE A LOT
OF SUITS.
OF SUITS.
OF SUITS. >> BUT MY MY GUESS WOULD BE
THAT THEY'RE GOING TO FIZZLE
OUT PRETTY QUICKLY AND THAT
THE BIGGEST FIGHTS ARE GOING TO
BE AT THE POLITICAL LEVEL WITH
YOUR VERIFY.
YOUR VERIFY. >> I'M GABE COHEN.
THANKS.
THANKS.
THANKS. NOW IF YOU HAVE ANYTHING YOU
WANT TO VERIFY TEAM TO LOOK
INTO.
INTO.
INTO. JUST EMAIL THEM AND VERIFIED