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If a person has been granted a job at a “California” medical institution with an offer in writing, but later the offer is pulled because he refuse the MMR vaccination due to religious reasons, would it be illegal since he/she has been discriminated based on “religion?”

Let's assume two scenarios:
a) he'll only work in a call center with no client contact.
b) he works at various doctor offices and throughout the institution.

Is there a California State or Federal law that provides an exemption to immunization, and if so, does the exemption part of the law covers all business types? The institution I have in mind is a California public institution. I am particularly interested to hear from lawyers who are in the employment and health profession.

I'm given the reason that if I'm not vaccinated, then I can infect others, however, I disagree in that this issue deals with me. If others are exposed, and they are not vaccinated, then it was their choice.

Thanks

2007-06-25 17:36:17 · 5 answers · asked by Anonymous in Politics & Government Law & Ethics

5 answers

If you are so religious you don't want the necessary vaccines nobody wants you near their body so find another line of work. They are not discriminating. Your refusal to comply with the job requirements is enough to disqualify you. Your reasons are your own and no body's business.

I would not want you near me.

2007-06-25 17:54:13 · answer #1 · answered by lcmcpa 7 · 5 1

You are trying to get hired in the medical field. Not getting vaccinated makes you a risk to clients which may visit the medical institution. Trying to accommodate you is an unreasonable burden for the medical institution. If your religion doesn't allow you to meet the requirements for the job, find another line of work.

2007-06-25 17:50:35 · answer #2 · answered by Marco R 4 · 1 0

These Laws Apply to Public Institutions:

Q. My employer is requiring vaccines. Do I have to get vaccinated to keep my job?
A. Not necessarily. Some employers may be requiring vaccines to protect themselves from liability. We recommend submitting an exemption as described in the previous section on public institutions.
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Legal Exemptions to Vaccination
Medical, philosophical or personal belief exemptions are worded differently in each state. To use an exemption for your child, you must know specifically what the law says in your state.
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Philosophical Exemption:
The following 18 states allow exemption to vaccination based on philosophical, personal or conscientiously held beliefs: Arizona, Arkansas, California, Colorado, Idaho, Louisiana, Maine, Michigan, Minnesota, New Mexico, North Dakota, Ohio, Oklahoma, Texas, Utah, Vermont, Washington and Wisconsin.
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In many of these states, individuals must object to all vaccines, not just a particular vaccine in order to use the philosophical or personal belief exemption. Many state legislators are being urged by federal health officials and medical organizations to revoke this exemption to vaccination. If you are objecting to vaccination based on philosophical or personal conviction, keep an eye on your state legislature as public health officials may seek to amend state laws to eliminate this exemption.
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Religious Exemption:
All states allow a religious exemption to vaccination except Mississippi and West Virginia.
The religious exemption is intended for people who hold a sincere religious belief opposing vaccination to the extent that if the state forced vaccination, it would be an infringement on their right to exercise their religious beliefs. Some state laws define religious exemptions broadly to include personal religious beliefs, similar to personal philosophical beliefs. Other states require an individual who claims a religious exemption to be a member of The First Church of Christ, Scientist (Christian Science) or another bonafide religion whose written tenets include prohibition of invasive medical procedures such as vaccination. (This kind of language has been ruled unconstitutional when it has been challenged in state Supreme Courts.) Some laws require a signed affidavit from the pastor or spiritual advisor of the parent exercising religious exemption that affirms the parents' sincere religious belief about vaccination, while others allow the parent to sign a notarized waiver. Prior to registering your child for school, you must check your state law to verify what proof may be needed.
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Please Note:
Many Public Institutions will accept a Medical Release based on the presence of Antibodies to a given Disease in the Applicant's Blood.
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This was the case with my daughter, who never had Chicken Pox, nor the Verricella Vaccine. She had ample antibodies in her blood due to exposure to siblings who were treated for the disease.
D

2007-06-25 18:09:29 · answer #3 · answered by PurpleArmyMom 2 · 2 0

no, the only reason you should be not taking the mmr is if you will have an adverse reaction to the drugs in it. Then again, if a medical proffessional will declare you safe without the mmr you may still have a job...

2007-06-25 17:53:57 · answer #4 · answered by shhhhhhhhhh 3 · 0 0

No it is not illegal.If it is their policy ,religion has nothing to do with it,then they will let you go.

2007-06-25 17:41:31 · answer #5 · answered by ♥ Mel 7 · 1 0

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