Legal perspectives on mandatory vaccination of health care workers

This presentation will examine the Constitutionality of state laws that require influenza vaccination of health care workers (HCWs). We will discuss relevant U.S. Supreme Court decisions in order to identify the standard that courts must apply when balancing individual rights against the public's health. It is important to review these decisions because the Supreme Court is obligated to resolve complicated Constitutional issues. Their rulings provide guidance to state courts when they are confronted with questions regarding an individual's civil rights.

Mandatory influenza vaccination raises important questions about a state's authority to compel individuals to act in the public's interest. Proponents view mandatory influenza vaccination programs as a critical component of patient safety programs. However, opponents have initiated claims in state courts, arguing that mandatory vaccination violates fundamental constitutional rights, including: 1) religious freedom; 2) due process; 3) bodily autonomy; 4) medical privacy; and 5) economic freedom. Yet, no state court has yet fully analyzed these arguments and issued a decision.