Vaccine mandate madness

We believe private employers should be allowed to impose their own vaccine requirements. Mr. Abbott’s reflexive response to Mr. Biden’s orders puts employers in a legal quandary. Whatever they do, they will be violating the law. This isn’t fair to businesses.

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Employers don’t want their workers getting sick. Illnesses can cause business disruptions as well as liability risks if workers infect customers. But employers also have to weigh these concerns against the risk that they will lose workers if they mandate vaccines. The risk-benefit calculation is different for each employer, which is why they need to be allowed to tailor their policies accordingly.

If employers require vaccines, some workers will likely quit or be fired, and they may struggle to hire replacements. If companies don’t comply, they could get dunned by the government. While OSHA’s mandate will include a testing option, no company wants to be singled out by the feds as a risk to its workers or customers.

Businesses that require vaccines without union consent could also violate collective-bargaining agreements and U.S. labor law. The Southwest Airlines Pilots Association last Friday sued to block the airline’s worker vaccine mandate that was needed to comply with Mr. Biden’s contracting order. Will Southwest lose federal funds if the union succeeds?

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