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Influenza Mandates and Religious Accommodation: Avoiding Legal Pitfalls

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  • Influenza Mandates and Religious Accommodation: Avoiding Legal Pitfalls

    J Law Med Ethics. 2018 Sep;46(3):756-762. doi: 10.1177/1073110518804237.
    Influenza Mandates and Religious Accommodation: Avoiding Legal Pitfalls.

    Reiss DR1, Dubal VB1.
    Author information

    Abstract

    Influenza mandates in health care institutions are recommended by professional associations as an effective way to prevent the contraction of influenza by patients from health care workers. Health care institutions with such mandates must operate within civil rights frameworks. A recent set of cases against health care institutions with influenza mandates reveals the liabilities posed by federal law that protects employees from religious discrimination. This article examines this legal framework and draws important lessons from this litigation for health care institutions. We argue counterintuitively that providing religious exemptions from influenza mandates may expose health care institutions to more liability than not providing a formal exemption.


    PMID: 30336078 DOI: 10.1177/1073110518804237
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