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MILWAUKEE- A COVID-19 vaccine appears imminent in the US and while many say they’re willing to get vaccinated, others, remain skeptical. What may follow could be a legal fight that shapes the early months of 2021.
“In most instances an employer can require its employees to be vaccinated,” Husch-Blackwell employment attorney Erik Eisenmann tells WTMJ.
Eisenmann says that requirement does come with a caveat, such as a those who have a legitimate medical reason or a bonafide religious objection.
Eisenmann says he believes the issue will be settled on a state-by-state basis, but the case does have the chance to make it to the US Supreme Court if the religious exemption is challenged.
“It’s something we’ve been keeping a close eye on since the confirmation of Amy Coney-Barrett to replace Ruth Bader-Ginsburg,” Eisenmann says. “I do think that the Supreme Court will take a closer look at religious exemptions and what the scope of that might be and that could be an area where the court says more people have the right to opt out of a mandatory vaccination than the law permits.”
