Tuesday, May 21, 2013

WIsconsin May Soon Ban Mandatory Flu Shots

The mandatory flu shot requirement by many employers has been at the fore of employment law issues in the last couple of years with many employees outraged to learn that the requirement is lawful in nearly every circumstance--as some have found out after facing termination for refusing the shot.  Currently, in Wisconsin, there is no law banning the mandatory flu shot and the only legal redress an employee may have who refuses the flu shot is under the National Labor Relations Act ("NLRA"), the Americans with Disabilities Act ("ADA") or the Wisconsin Fair Employment Act ("WFEA"), or religious discrimination under Title VII or the WFEA--as I have written about before.  However, this may change in Wisconsin as Rep. Jeremy Thiesfeldt, R-Fond du Lac, said he began drafting the legislation to end mandatory flu shots after several hospital workers and health care contractors in his district complained they were fired after refusing to be vaccinated.

If the legislation successfully passes, Wisconsin would be the only one in the country banning employers from requiring mandatory flu shots.  WISN 12 has a short article available here on the legislation.

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