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    Is it legal?: Law professor explains legality of Hogans new COVID-19 vaccine policy

    Gov. Larry Hogan’s new COVID-19 vaccine policy is one that private companies are starting to adopt: Either get vaccinated or submit to weekly COVID-19 testing.But is that legal?|| COVID-19 updates | Maryland’s latest numbers | Get tested | Vaccine Info ||WBAL-TV 11 News spoke to a legal expert Thursday and the short answer is yes. Employers can mandate these requirements even while the vaccines are under emergency use authorization.”You’ve got to decide how important your job is to you, I guess, because I think they can do it. That’s sort of the bottom line,” said Michael Hayes, professor at University of Baltimore School of Law.Hayes said the new policy issued by Hogan Thursday for some state employees is one that many private companies are starting to adopt.”Giving this choice, actually, is reassuring to customers and other employees who have gotten vaccinated who are willing to comply. They don’t want to work alongside people who either refuse to be vaccinated or refuse to be tested,” Hayes said.Hayes said the only possible exception would be a rare disability or if someone has proof they would have a bad allergic reaction to the vaccine. Many people do have some symptoms after the shots, and he said employers should recognize that.”Some people need to rest for hours or even a day after and so some employers have responded with that with informing employees in advance that they can take the next day off or whatever,” the professor said.Hayes said this type of mandate is already being challenged in court. A George Mason University professor filed a lawsuit because the college is requiring vaccination for all students and staff this fall.”Most legal experts feel that even though he’s a very smart guy think his arguments are not going to be upheld in court,” Hayes said. “There’s nothing, especially when they give the choice that I think would allow you to win this kind of lawsuit or many judges would be sympathetic at least in this area.”Hayes said Maryland is an employment-at-will state, which means employers can fire you for any reason or no reason, so they can put these policies in place and enforce them if they’re not followed.”Employees have a choice to make, and I think they’re going to have to make that choice,” Hayes said.Hayes said he’s interested to see if public schools start mandating vaccination for their teachers and staff.

    Gov. Larry Hogan’s new COVID-19 vaccine policy is one that private companies are starting to adopt: Either get vaccinated or submit to weekly COVID-19 testing.

    But is that legal?

    || COVID-19 updates | Maryland’s latest numbers | Get tested | Vaccine Info ||

    WBAL-TV 11 News spoke to a legal expert Thursday and the short answer is yes. Employers can mandate these requirements even while the vaccines are under emergency use authorization.

    “You’ve got to decide how important your job is to you, I guess, because I think they can do it. That’s sort of the bottom line,” said Michael Hayes, professor at University of Baltimore School of Law.

    Hayes said the new policy issued by Hogan Thursday for some state employees is one that many private companies are starting to adopt.

    “Giving this choice, actually, is reassuring to customers and other employees who have gotten vaccinated who are willing to comply. They don’t want to work alongside people who either refuse to be vaccinated or refuse to be tested,” Hayes said.

    Hayes said the only possible exception would be a rare disability or if someone has proof they would have a bad allergic reaction to the vaccine. Many people do have some symptoms after the shots, and he said employers should recognize that.

    “Some people need to rest for hours or even a day after and so some employers have responded with that with informing employees in advance that they can take the next day off or whatever,” the professor said.

    Hayes said this type of mandate is already being challenged in court. A George Mason University professor filed a lawsuit because the college is requiring vaccination for all students and staff this fall.

    “Most legal experts feel that even though he’s a very smart guy think his arguments are not going to be upheld in court,” Hayes said. “There’s nothing, especially when they give the choice that I think would allow you to win this kind of lawsuit or many judges would be sympathetic at least in this area.”

    Hayes said Maryland is an employment-at-will state, which means employers can fire you for any reason or no reason, so they can put these policies in place and enforce them if they’re not followed.

    “Employees have a choice to make, and I think they’re going to have to make that choice,” Hayes said.

    Hayes said he’s interested to see if public schools start mandating vaccination for their teachers and staff.

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