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BeNotDeceivedGal6_7
Georgia Fan
Member since May 2019
5975 posts

Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
Sorry, for this post being so long. I'm not trying to be facetious, I have a relative in GA that is about to be fired from a hospital for refusing the vaccine. I know Kemp signed an exec order regarding this and there are also employment laws to protect workers. Thanks in advance.

eeoc.gov

#1. If employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.

Q: Could the argument be made that any employer mandating vaccination, with termination as the consequence of employee refusal, is violating that employee's vaccination status confidentiality? It could be easily inferred that any employee that was terminated upon the employer's vaccination deadline had refused the mandate thus violating confidentiality of vaccination status and the ADA.



#2. Employers that are administering vaccines to their employees may offer incentives for employees to be vaccinated, as long as the incentives are not coercive. Because vaccinations require employees to answer pre-vaccination disability-related screening questions, a very large incentive could make employees feel pressured to disclose protected medical information.

Q: Can it be argued that threat of losing one's livelihood is in fact "a very large incentive" and therefore "coercive"?

If an employee is terminated for non-compliance to a vaccine mandate are they still eligible for unemployment benefits or could they be considered insubordinate and ineligible for those benefits, which would increase the level of coercion?



#3 Religious Discrimination & Work Situations
The law protects not only people who belong to traditional, organized religions...but also others who have sincerely held religious, ethical or moral beliefs.
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Title VII also prohibits workplace or job segregation based on religion... such as assigning an employee to a non-customer contact position because of actual or feared customer preference.

This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices. An employer does not have to accommodate an employee's religious beliefs or practices if doing so would cause undue hardship to the employer.
An accommodation may cause undue hardship if it is costly, compromises workplace safety... (I am trying to condense as best I can and include the portions that I think apply)

Q: If an employee has strongly held moral beliefs in not being vaccinated, can this law be used to justify their refusal without them being fired?

My assumption is that employers will claim that non-vaccinated employees are "compromising workplace safety". Must an employer prove this to be factual versus it being a biased fear? For instance, a hospital employee refuses to be vaccinated and administration fires them because of compromising workplace safety. Hospitals are an inherently hazardous work environment because of sick patients. If the hospital is willing to treat unvaccinated patients can they lawfully terminate unvaccinated employees since the patients arguably pose the same threat and aren't being refused service.


momentoftruth87
Arkansas Fan
Member since Oct 2013
45087 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
Good luck with lib judges.


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Chef Curry
USA Fan
Member since Mar 2019
1131 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
I’m not a lawyer, but I’ve researched this pretty hard lately. I don’t think claiming religious objection will be very easy. Plus, it seems like the laws give employers wiggle room to claim “undue burden” and terminate the refusing employee.

If you want to claim an objection citing that the vaccines use aborted fetal cells, it might not be easy. Apparently vaccines aren't directly using aborted fetuses. They took two fetuses from voluntary abortions back in the 70's. Essentially, they used those fetuses to create a cell farm for research and vaccine use. So the cells in the covid vaccine aren't directly from an aborted fetus, it's basically cells that are descendants of those aborted fetuses from the 70's.

Also, the Pope already came out and proclaimed there's no issue with getting the vaccine. So if you're Catholic, that might be two big bullet holes in your case.
This post was edited on 7/24 at 2:30 pm


PsychTiger
USA Fan
Member since Jul 2004
83512 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
The Branch Covidians have established the vaccine as one of the tenets of their order.


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245
BeNotDeceivedGal6_7
Georgia Fan
Member since May 2019
5975 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
quote:

I’m not a lawyer, but I’ve researched this pretty hard lately. I don’t think claiming religious objection will be very easy. Plus, it seems like the laws give employers wiggle room to claim “undue burden” and terminate the refusing employee.


Thanks for your input. So, the law says even moral and ethical beliefs fall under the umbrella of religion. You think it's still a no go?

I feel like a case could be made that people are having to justify their beliefs in order to keep their job and keep the needle out of their arm. If they can't ask me religious questions while hiring, can they do so to justify firing?


BobABooey
LSU Fan
Parts Unknown
Member since Oct 2004
9526 posts
 Online 

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
Just do what you have to do to delay them from firing you until the midterm elections; no one will care after that and the surge will be forgotten.


TrueTiger
LSU Fan
Chicken's most valuable
Member since Sep 2004
50141 posts
 Online 

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
There is solid law against discrimination for medical conditions involving aids.


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120
KiwiHead
LSU Fan
Auckland, NZ
Member since Jul 2014
16943 posts
 Online 

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
I am a lawyer but employment law is not my thing, but never less here goes.

It kind of depends on the state. In a right to work state, an employee of any firm does not have much of a leg to stand on. If the emoyer insists,you may have to or lose your job. If you had forward thinking governors like DeSantis or Abbott, I believe, they pushed through laws telling emoyers and the rest they could not discriminate due to vaccine status.

If you are a factory worker or a member of a union, then you could legitimately tell the employer and the state to go frick themselves. Something like this would have to be negotiated in the contract and the membership could force the union to enforce it the way they want if the membership is anti vax or hesitant.

As to HIPAA. So long as an employer is not giving that info to anyone, it probably OK.


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101
boudinman
Member since Nov 2019
2734 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
If your employer wants to let you go they'll find a way legally to do it. Unless you have a valid contract that they must honor.

Most states have at-will employment laws. They can call you in at any time and say we've decided to go in a different direction so we're letting you go.

At-Will is not to be confused with Right to Work laws. Those laws say you have the right to work for a company WITHOUT first having to join a union.

This post was edited on 7/24 at 3:24 pm


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30
Crimson Wraith
Alabama Fan
Member since Jan 2014
21946 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
Identify as vaxxed.


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70
BeNotDeceivedGal6_7
Georgia Fan
Member since May 2019
5975 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
quote:

Just do what you have to do to delay them from firing you until the midterm elections;


I thought we'd be back to "normal" after the Dems installed their faux President, but it doesn't seem to be working that way.


mmcgrath
LSU Fan
New Jersey
Member since Feb 2010
29323 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
If you work in a hospital and are afraid of vaccines, you really chose the wrong profession.


mmcgrath
LSU Fan
New Jersey
Member since Feb 2010
29323 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
quote:

I thought we'd be back to "normal" after the Dems installed their faux President, but it doesn't seem to be working that way.
The only group who said that was the MAGA crowd.


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513
cattus
Navy Fan
Member since Jan 2009
11629 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
quote:

 employee is terminated for non-compliance to a vaccine mandate are they still eligible for unemployment benefits 
I've been curious and have asked this, if eligible to collect while making a move. Suppose it depends which state you're in.


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BeNotDeceivedGal6_7
Georgia Fan
Member since May 2019
5975 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
quote:

If you work in a hospital and are afraid of experimental mrna therapies, it's your right as a free American to refuse them.


FIFY


Catahoula20LSU
LSU Fan
Louisiana
Member since Oct 2011
1404 posts
 Online 

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
They can’t legally make you take an experimental vaccine. After one vaccine gets full approval, some employers will probably try making it mandatory.


boudinman
Member since Nov 2019
2734 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
They can legally make it a requirement to work for that company. You refuse and you get terminated. Hospital workers told take flu shot, pneumonia shot, Hepatitis B vaccine,etc. There is legal precedent.


Diamondawg
Mississippi St. Fan
Mississippi
Member since Oct 2006
23717 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
quote:

I have a relative in GA that is about to be fired from a hospital for refusing the vaccine.
That relative is you, right? I don't envy your plight but I didn't fear the mRNA either. But, I'm older and long term side effect potentials don't really concern me.


keakar
Member since Jan 2017
17611 posts

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
liberal judges have made laws and the constitution irrelevant today, comply or else they can do whatever they want to punish you are your only choices


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kengel2
LSU Fan
Team Gun
Member since Mar 2004
20379 posts
 Online 

re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?
I'm allergic to it.


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