HomeMy WebLinkAboutCOM 0525.007 2008-2010
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Phone: (808)326-5684
BRENDA J. FORD Fax: (808)329-4786
Council Member • - E-Mail: bford@co.hawaii.hi.us
District 7 - Central Kona 'r• OF.4
HAWAII COUNTY COUNCIL
County of Hawai `iC y C
Kailua Trade Center ' a a 7T
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawai'i 96740 c
DATE: October 19, 2009
TO: J. Yoshimoto, Chairperson, rv
and Members of the Hawaii County Council
FROM: Brenda J. Ford, Council Member
SUBJECT: Background information for Resolution 237-09, Draft 2,
Attached is an informational copy of some questions and answers regarding swine flu from the
Center for Disease Control which operates under the federal Department of Health and Human
Services. This information is from the website flu.gov.
BJF/
com! M. Ra. ZS,
Ref. To:
Ref. Dale OCT 21 200
Serving the Interests of the People of Our Island
Hawai `i County Is An Equal Opportunitv Provider And Emplover
FLU.GOV
Q: Are the H1N1 and seasonal flu vaccinations mandatory?
A: The federal vaccination program for HIN1 flu is VOLUNTARY, just like the seasonal
flu vaccination program. Top federal health officials highly recommend that people get
vaccinated, and they stress that the vaccine is the best defense against the 2009 H1N1 flu. People
with underlying health conditions like asthma or diabetes, health care workers, pregnant women,
caregivers for infants under six months of age, and children and young adults from six months to
24 years of age are especially encouraged to participate in this vaccination program. The vaccine
will be available to anyone who wants it, and the decision to get vaccinated is up to each
individual, parent, or guardian.
Note: In a few local jurisdictions, vaccination is being required for health care workers. That is
a local decision, not a federal one.
Q: May an employer covered by the ADA and Title VII of the Civil Rights Act of 1964
compel all of its employees to take the influenza vaccine regardless of their medical
conditions or their religious beliefs during a pandemic?
A: No, an employee may be entitled to an exemption from a mandatory vaccination
requirement based on an ADA disability that prevents him from taking the influenza vaccine.
This would be a reasonable accommodation barring undue hardship (significant difficulty or
expense).
Similarly, under Title VII of the Civil Rights Act of 1964, once an employer receives notice that
an employee's sincerely held religious belief, practice, or observance prevents him from taking
the influenza vaccine, the employer must provide a reasonable accommodation unless it would
pose an undue hardship as defined by Title VII ("more than de minimis cost" to the operation of
the employer's business, which is a lower standard than under the ADA).
Generally, ADA-covered employers should consider simply encouraging employees to get the
influenza vaccine rather than requiring them to take it.
Q: In light of the ADA requirements, how may employers ask employees about factors,
including chronic medical conditions, that may cause them to miss work in the event of a
pandemic?
A: An employer may survey its workforce to gather personal information needed for
pandemic preparation if the employer asks broad questions that are not limited to disability-
related inquiries. An inquiry would not be disability-related if it identified non-medical reasons
for absence during a pandemic (e.g., mandatory school closures or curtailed public
transportation) on an equal footing with medical reasons (e.g., chronic illnesses that weaken
immunity).