Matthew Deffebach in HR Magazine: 'Nurse’s Refusal to Administer COVID-19 Vaccine May Be Protected'


Haynes and Boone, LLP Partner Matthew Deffebach talked with HR Magazine about legal issues for employers to consider if a staff nurse refuses, for religious reasons, to administer a COVID-19 vaccination.

Here is an excerpt:

An employee might have religious beliefs that prohibit the administration of medications manufactured using lab-replicated fetal cells, such as the Johnson & Johnson COVID-19 vaccine. Federal health agencies have called for a pause in the use of this single-dose vaccine after six recipients out of 7 million in the U.S. developed a rare blood-clot disorder within two weeks of vaccination.

Undue Hardship

If a medical professional's job duties normally include giving vaccinations, arguably there is no duty to remove an essential job function, said Matthew Deffebach, an attorney with Haynes and Boone in Houston and Costa Mesa, Calif.

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