In general, how solid is the legal ground for a workplace-based vaccine mandate? But I think it’s fair to say that all of them have either been challenged or they’re going to be facing legal challenges. We don’t have time to get into all of the different workplace mandates that have been put into place now at the federal and the state levels.
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We’re talking about that intersection in the context of a global pandemic.īefore we get to the religious exemption part of this, I just want to start briefly with the mandates themselves. His research focuses on the intersection of religious liberty and other constitutional values. Jim Oleske is professor at Lewis and Clark Law School. Tens of thousands of people around the country seem to be seeking them right now as a way to not have to get vaccinated. There are variations from place to place, but many of them include some version of a religious exemption. The following transcript was created by a computer and edited by a volunteer.ĭave Miller: In the last few weeks, individual employers and states and the federal government have all announced various workplace-based mandates for COVID-19 vaccinations.
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According to the Oregon Bureau of Labor and Industries, “employers with mandatory COVID-19 vaccine policies will need to consider requests for exceptions for individuals with either (1) sincerely held religious convictions, or (2) a disability that prevents them from receiving a COVID-19 vaccination.” But how do those religious exemptions work exactly? And how can an employer determine if someone’s convictions are “sincerely held”? We dig into the details with Lewis and Clark Law professor Jim Oleske. The State of Oregon and many private employers are requiring workers to get the COVID-19 vaccine.