Mandatory flu shots for HCA workers

Dear HCA OCEA member, 

As you are likely aware, yesterday afternoon HCA Director and County Health Officer Clayton Chau circulated a memo to all HCA staff. The memo announced Dr. Chau’s directive that all HCA staff receive a flu vaccination by close of business on November 15, 2020. Dr. Chau also recommended, but did NOT mandate, that all HCA staff schedule a COVID-10 PCR test.

Several workers have contacted OCEA and asked if the flu vaccination directive is legal. The short answer is yes, subject to the requirement that exceptions be available to individuals who require a medical exemption or think they require a disability or religious accommodation.

Under Title VII of the Civil Rights Act of 1964, an employer must accommodate sincerely held religious practices that may conflict with workplace rules, as long as the religious practice does not impose an undue hardship. However, the employer’s undue hardship defense under Title VII is easier to establish than the ADA undue hardship defense to a disability accommodation. Therefore, in an environment like the current pandemic, it will likely be even more difficult than normal to establish a religious exemption.

There is no accommodation required or protection available for a worker who wants an accommodation based on secular grounds or who refuses to submit to a flu vaccination. For example, irrespective of your opinion regarding the effectiveness of flu shots, the employer can require that you receive a flu vaccination. The Agency has provided forms on which to submit applications for exemption or accommodation, accessible on the HCA HR intranet site.

You should know that you are not alone. This year many employers have issued mandates that all employees receive flu vaccinations. For example, in August, the University of California mandated flu vaccinations for all students, faculty and staff, more than 500,000 individuals.

It will be important that by November 15, 2020 you obtain and submit a flu vaccination record, which references your full name and employee identification number, to Employee Health at ehs@ochca.com and that you retain a copy of that record. Also, if you require an exemption or accommodation, make your request as soon as possible. If you have questions about obtaining an exemption or accommodation contact Brianna Woods, the HCA RTW Coordinator, at bwoods@ochca.com or at 714-834-6207.

OCEA will continue to monitor impacts of the HCA directive and expeditiously address problems as they arise. If you have further questions or encounter an individual problem, please contact one of your HCA Labor Representatives, Veronica Rodarte or Kate Wolf by phone (714-835-3355) or e-mail (vrodarte@ocea.org or kwolf@ocea.org).

Stay safe.

In Solidarity,

Charles Barfield
OCEA General Manager

Publication Date: September 16, 2020