SDAHO explores and emphasizes legality of private employers requiring vaccination

The South Dakota Association of Healthcare Organizations is posting on their website tonight a few notes for healthcare employers on why the organization believes overall that employers are well within their legal rights to mandate vaccination for employees as a condition of employment, subject to a few rules:

Providers, as private employers, have no prohibition on vaccine mandates under federal law so they really need to stay attuned to what is happening on the state level as mentioned above.

Two recent court decisions have addressed whether a hospital or public university can mandate a COVID-19 vaccine for employees and students. Both of these cases upheld the vaccine mandate, even while the current vaccines are only under Emergency Use Authorization. Based on these decisions we will likely see more public and private employers implement mandates before we see full FDA approval of the Pfizer and Moderna vaccines.

Finally, if providers implement a policy requiring a COVID-19 vaccine (or other vaccine) as a condition of employment, federal and state law allows employees to request an exemption based on a disability/medical condition or religious objections. Providers should carefully review the EEOC guidance as well as any corollary state law guidance on how to implement such a program within their organization. There is a process in how to address any exemptions to a vaccine mandate and those with flu vaccine mandates should be familiar with this accommodations process already.

Read the entire article here.

People trying to get government to intervene and tell businesses what qualifications they can or cannot put on their employees is a very troubling type of government intervention.  Especially since the right to be infectious is not a protected class under federal law.

If an organization such as Sanford (who is in the news recently for such a mandate) does not wish to employ the unvaccinated in a health care setting, that’s their right, as much as it is for those who don’t like it to take their business elsewhere.

Last time I checked, we still operate under the free enterprise system.

At least for the moment.

54 thoughts on “SDAHO explores and emphasizes legality of private employers requiring vaccination”

  1. Just because you have the ability to do something…does not mean that you should

    Remember these are the same people pushing medicaid expansion

  2. People are dying from the covid “vaccine”. The employers mandating it will be sued when their employee dies because of it.

    Personally, I will find another job if my employer mandated that.

    1. Unreal.


      I can’t believe this is what we have come to as a country. I am vaccinated from covid. Unreal that big business and big government continue to join forces to take away individual liberty.

      1. Very fascist take ignoring nuance of an important issue.

        I wouldn’t let a bake-shop owner require their employees do life threatening things against their will.

  3. Agreed. Not the State’s role to intervene in a private busiesss. Private property right, people!

    1. It’s not intervening in a private business. It is protecting the rights of SD Citizens.

      The vaccine doesn’t even prevent you from getting covid.

      The lawyers are going to get rich off of this.

      1. Anonymous, It is absolutely sticking your nose in a private business. What’s your business, so we can tell you what you can do with your employees?

        1. Has Sanford ever taken government money?

          The point of debate is “are vaccines inordinately harmful?”

          An employer couldn’t require their employees to take a baseball bat up-side the head, either.

          Sanford is the big swinging pipe in the State.

          But I’ll stand with medical workers not being forced to get hit up-side the head with it.

          Sanford loses on principle.

          We’re about to test the power of true conservatism in SD.

          It is time to buck these fascist oligarchs!

      2. Protecting the rights of SD citizens? I wasn’t aware there was a right to keep working for someone who wants to fire you for insubordination and disobeying employer instructions.

  4. I suppose you’re right, Pat, as long as Sanford has never taken any public dollars to fund their operation.

    That said, in order to understand this issue, we have to acknowledge that death of a possibility of the vaccine.

    The key question is, is the risk of death inordinate?

    I believe it is.

    1. You better be careful with that line of reasoning. Lots of private businesses in this state took PPP money from the federal government and/or grants from the state. Most South Dakota farmers get federal subsidies. If you lose the ability to control your private affairs by taking government handouts, there will be a lot of folks besides Sanford with problems.

  5. Whining about infectious, ignorant, and stupid not being protected classes?

    What kind of nanny-state nonsense is that?

    1. This is an incredible hot take .. one of the most ignorant things I’ve ever read.

      “infectious, ignorant, and stupid” – people not taking an experimental genetic therapy are the opposite of all of these things.

      Cold and flu are a part of life. If, as a young person, you are a germaphobe and don’t get sick and acquire immunity while your body is strong, old age will be terrifying to the point a person would abuse children.

      Just a reminder: most at-risk group is the obese.

  6. Only the intelligent have taken the vaccine. They will be the ones to survive this pandemic.

    1. I would dispute that; Joe Biden is as stupid a person as is walking the planet right now.

      Also, if you are claiming that ONLY vaccinated individuals will “survive” the pandemic, you are also mistaken.

      I had the Wuhan virus last year, and I am feeling pretty good about my chances.

    2. Just Me,

      So you are saying the unintelligent will not survive? Have you made all your final arrangements? Is your family prepared for your imminent demise cause you are clearly a moron.

      People have their own risk tolerances and values which may be different that me. Just because I’d never jump out of a perfectly good airplane does not mean those who ski dive are unintelligent.

      BTW, the more I see morons like you who try to shame or denigrate people who see things differently on the vaccine than you, the more I’m coming to the conclusion you really don’t care much about these other people. Instead you just need to feel better about yourself at their expense. So, in addition to being a moron, you are also a insecure little weasel.

      PS: I’m vaccinated in case you are wondering

  7. I am not shocked by any of the stuff that is going on. The powers that be want to shame, ridicule, and put those who don’t want the vaccine out of work. There are stories everyday on the news and social media about trying to force or shame people into this vaccine. The link below is about those wearing yellow badges in school to show vaccination status (mmm where have I seen similar ideas – Nazi Germany). If we don’t wake up to what is going on, its going to be too late. Pretty soon they will come for a freedom you really care about. I am as Conservative/Libertarian as they come and we need to protect those who do not want to participate in this experiment called a Vaccine. I respect those that have and those who have taken it and respect those who have not, I thank you but, we need to look at the bigger picture. We keep giving up freedom for saftey and both Rs and Ds have had their hand in it.

    In the early 2000s we needed the Patriot Act because we were scared of Terrorist and NOW here we are 20 years later, big tech, NSA, etc are invading our privacy non stop. See Snowden documentaries and even Tucker Carlson recently with NSA spying. Now the Ds are at it with Lockdowns, Masks, restrictions, and this bafoon in the Whitehouse now mandating our Soldiers and Federal workers get a vaccination. This is Lunacy and we need to protect regular Americans at work and in the public square from not taking this if they don’t want too. I am appalled at how many think this is OK. Come on folks, wake the $%&#@ up

    1. Leper bells would be a more accurate comparison.

      You know, assuming your link’s even accurate and not just some fearmongering liars deliberately misconstruing facts, repeating baseless rumors, or just plain making things up.

  8. Pat writes, “Especially since the right to be infectious is not a protected class under federal law.” Pat supposes that the vaccinated are not infectious. This is not the case, at least according to the FDA. At the time it approved an EAU, the FDA wrote, “nor is there evidence that the vaccine prevents transmission of SARS-CoV-2 [i.e., the virus that causes COVID-19] from person to person.” Thus according to the FDA, the vaccine keeps the recipient from getting ill, not from transmitting the virus. action-fight-against-covid-19-issuing-emergency-use-authorization-second-covid

  9. Those that refused to wear masks and get vaccinated are a deadlier threat than drunk drivers…. they should be dealt with accordingly..

    Why should one be allowed to be a threat to other employees because they are too stupid to get a simple shot?

    1. What you’re saying is those who refuse to get vaccinated can/should be charged with murder? That’s frightening!!

      Do you think the same concept should be applied to women who choose abortion?

  10. As a former charge nurse I had trouble assigning nurses to patients with shingles because so many of them would say “I’m not going in there; I’ve never had chickenpox.”
    It was so bad it was arranged that anybody who said that to me was to be sent to the lab to be tested for antibodies and prove it. When the vaccine came out, anybody who continued to use the “I’ve never had chicken pox” excuse to refuse assignments would have to get the shot.

    Likewise, the last thing charge nurses want to deal with is staff refusing to take care of Covid patients. If somebody says “I’m not going in there, I haven’t been vaccinated,” the proper response is “that is not my problem. Gown up, put on the PAPR, and do your job.”

  11. Of course. The folks are out protesting today at Sanford Hospital. The evil hospital is trying to protect it’s staff and patients from yet another wave of Covid which is more dangerous than the last. What an outrage.

    They are relying on prevailing medical wisdom when they could be listening to Mike Lindell.

    If the protesters have their way, you can go to the hospital to be treated for something and leave with a bonus disease. Freedom!

    1. Why should someone that has natural immunity be forced to take an experimental vaccine?

      1. The strength of the immune response, the length of time that the protection lasts and the variation of the immune response across people is very different between vaccine immunity and natural immunity for SARS–CoV–2. COVID–19 vaccines offer safer and more reliable immunity than natural infection. – Jennifer Grier.

        Notice how she doesn’t give details? For one, how long are the natural antibodies hanging out vs antibodies from 2 doses of the vaccine?

        The UCL Virus Watch study found that antibodies generated by two doses of the Oxford/AstraZeneca and Pfizer/BioNTech vaccines started to wane as early as six weeks after the second shot, in some cases falling more than 50% over 10 weeks.

        VS This…

        This new study shows that most convalescent COVID-19 patients mount durable antibodies, B cells, and T cells specific for SARS-CoV-2 up to 250 days. The kinetics of these responses provide an early indication for a favorable course ahead to achieve long-lived immunity.

        So, what do you think? I’m going with natural immunity. Others may only want the 6weeks?

        1. Anonymous writes: “I’m going with natural immunity”. Vs. the vaccine? The study you site did NOT conclude that the vaccine was ineffective after 6 weeks.

          You might want to consider the death rate of each alternative before you recommend natural immunity. And good luck.

    2. Patients leave hospitals quite often with infections they didn’t come in with….there called nosocomial infections. It’s nothing new. Oh, and before you give a stupid comeback about how those infections aren’t as serious as COVID, MRSA and certain strep infections have a much higher mortality rate than COVID.

    3. Elk, why are you such a liar? The Delta variant is not more virulent. Only more transmissible.

      1. I think I used the term “dangerous”. The Delta variant is more dangerous than the previous one. Even you say it’s more transmissible. It’s spreading rapidly despite significant natural and vaccine immunity.

        I correctly predicted the surge last fall for which you mocked me, Troy. Here you go again… calling me a “liar”. We’ll see.

        Unfortunately, the Sturgis Rally and the fairs are coming at the worst possible time again. There will be no guidance from you or Kristi Noem to ensure the safety of attendees. So, you can take credit for the economic bump we get from them, but you must also take responsibility for the hospitalizations and deaths. They will surely follow.

        1. I am not saying that these events should be cancelled. Although that might turn out to be a wise move in the end. Just that, if participants aren’t vaccinated, they should be very careful. Our leaders should be encouraging safety as well as liberty.

  12. Did I hit my comment max?! Why do you censor me? Most often I cut and paste info or ask questions? You don’t approve of the debate I create under this big tent?

  13. @July 29 8:50 pm – “Those that refused to wear masks and get vaccinated are a deadlier threat than drunk drivers…. they should be dealt with accordingly..”

    What you’re saying is that people who do not get the vaccine or wear a mask can/should be charged with murder? That’s frightening.

    Can the same concept be applied to a mother who chooses abortion?

  14. 74% of people who had positive nasal swabs in Massachusetts had been fully vaccinated. They weren’t sick, they were carriers.
    In Illinois, where 48% of the population is fully vaccinated, 97.56% of the people who have died from covid since January 1 had not been vaccinated.

    Now that we have moved on to turning half the population into asymptomatic carriers we will be told to wear masks again to protect the other half of the population which refuses to protect themselves.
    This won’t go over well.

    1. Third time I asked this question on this thread, Why should a person who has natural immunity be required to receive an experimental vaccine?

      1. Is the vaccine “experimental”? I suppose. They ran a ton of experiments on it before it was approved.

          1. This probably has to be explained more fully to elk:

            E = Emergency
            U = Use
            A = Authorization

            Emergency Use Authorization means that not all of the necessary testing has been completed to meet FDA approval that is normally required for injectables. In other words a whole bunch of testing and data analysis has been skipped before granting approval for use.

            1. Gosh. So sophisticated, you are. But yes, we all know what EUA stands for.

              The people that actually know what they are talking about… disagree with you. There was more than adequate testing under the circumstances.

              1. Where the link to the research and testing? You can find it for any other vaccine, why not this one? If it’s been done give us the link to the data.

  15. Tim H.: Good question for which I wait an answer with baited breath. As a corollary I ask:

    If the vaccine is so powerful and necessary and is more effective than natural immunity, why when I come back to the United States from another country do I not have to get a Covid negative test result if I can document I have recovered from Covid.

    Same question asked the other way, Why even if I’m vaccinated, do I still have to get a Covid negative test to re-enter the test?

    How about I answer: The science is overwhelming that natural immunity is more effective than the vaccine.

      1. Elk,
        Well, this comment explains alot. If you pay attention, I’ve said probably a 100 times on here I’m vaccinated and have many times talked fo the merits of the vaccine. However, the reason so many are refusing to get vaccinated is most of the formal, mainstream advocates of the vaccine are at their core dishonest manipulative people who deserve designation as anethama. And in the case of Faucci, executed for treason and channeling Josef Mengele. (and I don’t even believe in teh death penalty)

        Clauses that start with an “if” are conditional clauses (often called if clauses) used to qualify or add context to the main clause. Its a manner of discourse and grammar to allow the main clause to be probed deeper.

        For you to make the assertion/comment is comical. Now I know why so much of what you say is so nonsensical. I’m sorry for expecting much depth from you.

        1. Troy writes: “…most of the formal, mainstream advocates of the vaccine are at their core dishonest manipulative people who deserve designation as anethama. And in the case of Faucci, executed for treason and channeling Josef Mengele.”

          Oh my.

          Speaking of channeling. Lora Hubbel… please bring Troy back. We’d like to speak to him now.

    1. “ALL 15 STATES with a seven-day average case rate higher than the U.S. average, around 18 cases per 100,000 people, had lower vaccination rates than the U.S. as a whole…”

      US NEWS July 31, 2021

    2. Yeah, the problem with natural immunity is a large number of Americans end up dead that way. That number is far, far less with the vaccine (even with the 5g microchip, John!).

  16. I agree with Anne that it’s very annoying to be a vaccinated person wearing a mask to protect those who choose to be unvaccinated.

    My fear is when a variant emerges that is much harsher on children. At that point I would assume the vaccine skeptics are gonna get the shot and covid will go away and we get back to normal.

    My next question is, “Why wait til this doomsday scenario plays out for the other half to get the shot?”

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