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Llpoh: Hints That Employers May Be Able to Require Vaccinations

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A judge has just ruled that universities can require students be vaccinated. In this case the judge was ruling on a lawsuit brought by some Indiana University students. He ruled that the Constitution does not guarantee the right to attend a university. He said that students could choose to attend another school without such a requirement, or could choose not to attend at all. But he was clear that no Constitutional right to attend university exists. As a matter of interest, he was a Trump appointee.

I have opined previously that I believe employers will be able to mandate vaccines, and I further stated that there are legal reasons which may make it prudent that they do so. Laws and regulations may change on this going forward.

My reasoning is as follows:

Laws require an employer keep a safe workplace. If an employer allows unvaccinated employees in, and they spread the virus, and someone is injured and/or dies, the employer is almost automatically likely to be deemed guilty for failing to keep a safe workplace. I would not like to be in that employer’s shoes if that happens. As a business owner, I hated risk, and did almost everything possible to minimize it. Balancing risk versus reward was my most important job.

So, given what a believe is a real risk to the employer if it allows unvaccinated employees, the question becomes, can an employer mandate employees be vaccinated? I suggest the likely answer to that is yes, because:

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