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Professor Doron Dorfman Testifies to House Committee About Vaccine Mandates

Posted on Friday 10/29/2021
Doron Dorfman

Professor Doron Dorfman testified to the United States House of Representatives Committee on Education and Labor Joint Hearing of the Subcommittee on Workforce Protections and the Subcommittee on Civil Rights and Human Services on Oct. 26, 2021, on the topic of "Protecting Lives and Livelihoods: Vaccine Requirements and Employee Accommodations."

In his prepared remarks, Dorfman testified that, "The main question underlying this testimony is whether a COVID-19 vaccine requirement in the private workplace can stand under the current antidiscrimination doctrines, specifically the need to provide accommodations in the form of modifications from certain workplace policies to protected classes. My answer is yes ..."

Dorfman then outlined his testimony: "Part I briefly describes how the well-established rule on the employer’s prerogative affects the ability of employers to require their employees to get the

COVID-19 vaccine. It then discusses the proposed Occupational Safety and Health Administration COVID-19 Emergency Temporary Standard, which calls covered employers to require their employees to be vaccinated against COVID-19 or to produce a negative COVID-19 test before coming to work. 

"The testimony then turns to explain the legal standards for requiring employers to provide accommodations/modifications to employees who are members of three legally protected classes. Part II discusses the accommodation mandate for employees who are religious observers, Part III discusses the accommodation mandate for employees with disabilities, and Part IV discusses the accommodation mandate for pregnant employees."

Read the full testimony here.


News outlets reported on the hearing and on Dorfman's testimony: