Federal Judge’s Decision On Vaccination Requirements Could Impact Oklahomans

Oklahomans could be affected by a judge’s decision that businesses can require employees to get vaccinated.

On Saturday, a federal judge in Houston dismissed a lawsuit filed by hospital employees going against the hospital's vaccination requirement for staff.

Experts said that decision could push employers in Oklahoma to make similar requirements.

"Every employment includes limits on the worker's behavior in exchange for his renumeration," – the sentence that punctuates a five-page ruling by U.S. District Judge Lynn Hughes in Texas, which is a different federal district than Oklahoma.

Employment attorneys like Adam Childers with Crowe and Dunlevy said it sets the tone for the nation.

"Employment law practitioners have been watching this case real closely," Childers said.

The case helps set a precedent that private employers can make employees choose between getting a COVID-19 vaccine or getting fired.

It's a big case in a state with laws very similar to Oklahoma's. However, with similar legal fights across the country, it's not the end of the story.

"This is the first skirmish in a longer battle," Childers said.

Kevin Troutman is another employment expert with the Fisher Phillips law firm.

Troutman said 10% to 15% of the employers the firm polled are willing to mandate vaccines, but even after the ruling in Texas, most businesses are not so sure.

"I really don't think it's going to change many minds because there are a lot of other issues as we saw even in this litigation, a lot of non-legal issues," Troutman said.

He means a company may not get sued, but a vaccine mandate could certainly cause a rift between employees.

"It's not binding across the country, but it is going to provide a framework and I think some stronger feeling, some confidence in employers who are interested in mandating the vaccination," he said.

The Equal Employment Opportunity Commission has already come out and said other than in certain medical or religious cases, federal EEO laws don't stop an employer from requiring vaccines.