The Kansas City Business Journal recently interviewed Seyferth Blumenthal & Harris LLC (SBH) partner Daniel Ramón for a pair of articles detailing vaccine mandates for employers, including the recent announcement from the Biden Administration on its plan to use federal regulatory powers to mandate COVID-19 vaccinations.
The first article, which can be read at this link, looked at early considerations for medical and religious exemptions. Ramón then provided input on potential litigation and how the mandate should ease concerns for employers. The second article can be read at this link.
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“The presumption is generally going to be in the employee’s favor,” Ramón said on religious exemptions. “While that presumption is there, there are avenues for an employer to obtain information to be able to assess that it’s a sincerely held religious belief. In some cases, it would come down to credibility, so it’s something we look at on a case-by-case basis. I would generally say employers should consult with counsel in those types of situations, so they don’t run afoul of the law.”
In discussing why litigation will likely be limited after the Biden administration’s mandate, Ramón said, “It’s now more of a government requirement than it is a private employer choice.” Ramón added, “As far as the debate among employers with more than 100 employees on whether to mandate the vaccine or not, I think for all practical purposes that debate is likely over now, assuming the rule is allowed to go forward legally.”
Ramón concentrates his practice in employment law and general civil litigation at the trial and appellate level. His experience covers a wide range of subject areas, including employment discrimination and retaliation lawsuits; enforcement of covenants not to compete; drafting of employee handbook and other agreements; and complex business disputes, including those involving trade secrets, contracts, fiduciary duties, and insurance litigation. He also counsels employers on compliance with state and federal statutes.
Both Missouri & Kansas Super Lawyers and Texas Super Lawyers have named Ramón a “Rising Star,” and he was recently named a Local Litigation Star in Benchmark Litigation’s Labor and Employment Guide. Prior to SBH, Ramón practiced law for eight years in Austin, Texas.