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Posted on 8/6/21 at 8:24 am to Landmass
STATNEWS.COM Federal law prohibits employers and others from requiring vaccination with a Covid-19 vaccine distributed under an EUA FDA.gov Emergency Use Authorization of Medical Products and Related Authorities
" The EUAs for the vaccines are explicit that each is “an investigational vaccine not licensed for any indication” and require that all “promotional material relating to the Covid-19 Vaccine clearly and conspicuously … state that this product has not been approved or licensed by the FDA, but has been authorized for emergency use by FDA”
EUAs are clear: Getting these vaccines is voluntary
The same section of the Federal Food, Drug, and Cosmetic Act that authorizes the FDA to grant emergency use authorization also requires the secretary of Health and Human Services to “ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product.”
Likewise, the FDA’s guidance on emergency use authorization of medical products requires the FDA to “ensure that recipients are informed to the extent practicable given the applicable circumstances … That they have the option to accept or refuse the EUA product …”
In the same vein, when Dr. Amanda Cohn, the executive secretary of the CDC’s Advisory Committee on Immunization Practices, was asked if Covid-19 vaccination can be required, she responded that under an EUA, “vaccines are not allowed to be mandatory. So, early in this vaccination phase, individuals will have to be consented and they won’t be able to be mandatory.” Cohn later affirmed that this prohibition on requiring the vaccines applies to organizations, including hospitals."
law.cornell.edu 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies
FDA.gov MODERNA COVID-19 VACCINE FACT SHEET
FDA.gov PFIZER-BIONTECH COVID-19 VACCINE FACT SHEET
Posted on 8/6/21 at 8:25 am to Landmass
same here. big multi-national corp.
Got the notice about three months ago that if you are unvaxxed you must wear a mask indoors.
Got the notice about three months ago that if you are unvaxxed you must wear a mask indoors.
Posted on 8/6/21 at 8:27 am to Indefatigable
quote:
And? There are. Not wanting to get a vaccine isn’t one of them.
I didn’t say it was. But the claim that “private businesses can do what they want” is laughable bullshite. And what they can and can’t do is frequently political in nature.
Posted on 8/6/21 at 8:28 am to IslandBuckeye
quote:
Turned in my retirement notice a few months early.
One day, one freaking day, I would love to know the feeling of turning in a retirement notice and being able to say GFY to the power hungry mouth breathers. Good luck with the next chapter baw
Posted on 8/6/21 at 8:30 am to Flats
quote:
But the claim that “private businesses can do what they want” is laughable bullshite.
No it isn’t. Generally, they can. There are things they cannot mandate, and things they cannot require or discriminate on. All of those things are established by statute.
Not wanting to get a vaccine is not one of those things. People without an employment contract specifically addressing this issue can, and likely will be fired in at-will employment states for refusing the vaccine. They will not have legal recourse against their employer.
Posted on 8/6/21 at 8:37 am to Indefatigable
quote:
No it isn’t. Generally, they can. There are things they cannot mandate, and things they cannot require or discriminate on. All of those things are established by statute.
Not wanting to get a vaccine is not one of those things. People without an employment contract specifically addressing this issue can, and likely will be fired in at-will employment states for refusing the vaccine. They will not have legal recourse against their employer.
Correct. The way they get around the law is that they are NOT requiring you to get it. They are only requiring you to get it if you want to continue to work there.
Don't want the shot? Cool. Don't take it and find a new job.
Posted on 8/6/21 at 8:42 am to Indefatigable
quote:
There are things they cannot mandate, and things they cannot require or discriminate on.
A ton of them. So all this “you’re either for private property rights or you’re not” isn’t the question. The question is “given all the other things we don’t allow private business to mandate, is mandating the vaccine reasonable?” That’s not a question of “is it legal” but rather “should it be legal”?
Put another way, ask the same crowd crowing about this if an employer should be able to fire someone for getting an abortion or because they’re gay and you’ll quickly find out how much they give a damn about the rights of private business.
Posted on 8/6/21 at 8:47 am to Flats
quote:
That’s not a question of “is it legal” but rather “should it be legal”?
Why wouldn’t it be? It’s the employers property. If he wants his employees to be vaccinated, that is entirely his prerogative, as it should be.
If we’re talking “should”, then employers should be able to fire employees for any reason whatsoever or require whatever they want to require as a condition of employment, period. It’s their property and their business. If they choose preposterous and personally invasive or offensive criteria for employment, then they likely won’t attract many valuable employees.
This post was edited on 8/6/21 at 8:49 am
Posted on 8/6/21 at 8:51 am to Tomatocantender
quote:
One day, one freaking day, I would love to know the feeling of turning in a retirement notice and being able to say GFY to the power hungry mouth breathers
I pray that you and all of our baws on this site can do the same. When I dropped the letter I was a bit in limbo, burning this bridge. I did a gut check to see if the decision was based on emotion. It was not. It was principled. At that point I had the same feeling as my first static line jump. I stood at the door and had a moment of "frick it let's do this". It was supremely liberating.
quote:
Good luck with the next chapter baw
From the bottom of my heart: Thank you!
Posted on 8/6/21 at 8:56 am to Indefatigable
quote:
If we’re talking “should”, then employers should be able to fire employees for any reason whatsoever or require whatever they want to require as a condition of employment, period.
I agree but that’s not reality. So, once again, given the real world is this a reasonable mandate? That’s the honest question.
Posted on 8/6/21 at 8:57 am to DavidTheGnome
quote:
Your link shows that adverse side effects are extremely rare
So are deaths from Covid in healthy individuals. Yet here we are.
Posted on 8/6/21 at 9:04 am to Indefatigable
quote:
Why wouldn’t it be? It’s the employers property. If he wants his employees to be vaccinated, that is entirely his prerogative, as it should be.
If we’re talking “should”, then employers should be able to fire employees for any reason whatsoever or require whatever they want to require as a condition of employment, period. It’s their property and their business. If they choose preposterous and personally invasive or offensive criteria for employment, then they likely won’t attract many valuable employees.
i do not understand why personal property right are so fricking hard to understand for some people.
this is the same group that gets pissed about a bakery having to make a dick cake....well thats because we have allowed government to take over personal property rights and manipulate the free market.
this is why i do not support the ADA act, the civil rights act or any so called anti discrimatory bill.
Posted on 8/6/21 at 9:05 am to Flats
quote:
So, once again, given the real world is this a reasonable mandate? That’s the honest question.
Yes it is, but reasonable isn’t the standard. “Is it an allowable/legal” requirement is the question. Absent anything specifically prohibiting it, yes, it is allowable and legal.
Posted on 8/6/21 at 9:05 am to lsu777
The elites really do want to kill us all. Crazy that the plot twist is that the vaccine is the bio weapon not covid.
Posted on 8/6/21 at 9:07 am to Flats
quote:
I agree but that’s not reality. So, once again, given the real world is this a reasonable mandate? That’s the honest question.
You’re arguing with a guy who takes any position counter to the board’s standard take.
Posted on 8/6/21 at 9:10 am to Indefatigable
quote:
Yes it is, but reasonable isn’t the standard.
Got it, so we can’t have a discussion about whether or not it should be legal.
Like we needed another Hank.
Posted on 8/6/21 at 9:11 am to NashvilleTider
quote:
The elites really do want to kill us all. Crazy that the plot twist is that the vaccine is the bio weapon not covid.
sarcasm? hard to tell now a days.
if not...than no, just no.
and the fricking vaccine wasnt rushed. but frick mandates.
Posted on 8/6/21 at 9:11 am to the808bass
quote:
You’re arguing with a guy who takes any position counter to the board’s standard take.
What are you talking about? I oppose covid vaccine and mask mandates at any level in any situation.
I cannot help it if the “board’s standard take” on the rights of employers vis-a-vis the covid vaccines is wrong.
Posted on 8/6/21 at 9:12 am to lsu777
quote:
wasnt rushed
That’s what I tell my wife, too. It wasn’t rushed. We just finished really fast.
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