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Bobby OG Johnson
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Robert Barnes provides employer letter example for vaccine mandate objection

quote:

Employer Letter Example: Vaccine Mandate Objection
No authorship claim or copyright asserted...A letter that also came to me via a route like a letter in a bottle.


Dear Boss,
First, I request a religious exemption. "Each of the manufactures of the Covid vaccines currently available developed and confirmed their vaccines using fetal cell lines, which originated from aborted fetuses. ( LINK / ) For example, each of the currently available Covid vaccines confirmed their vaccine by protein testing using the abortion-derived cell line HEK-293. ( LINK

ovid-19-vaccine-programs/ )

Partaking in a vaccine made from aborted fetuses makes me complicit in an action that offends my religious faith. As such, I cannot, in good conscience and in accord with my religious faith, take any such Covid vaccine at this time. In addition, any coerced medical treatment goes against my religious faith and the right of conscience to control one’s own medical treatment, free of coercion or force. Please provide a reasonable accommodation to my belief, as I wish to continue to be a good employee, helpful to the team.


Equally, compelling any employee to take any current Covid-19 vaccine violates federal and state law, and subjects the employer to substantial liability risk, including liability for any injury the employee may suffer from the vaccine. Many employers have reconsidered issuing such a mandate after more fruitful review with legal counsel, insurance providers, and public opinion advisors of the desires of employees and the consuming public. Even the Kaiser Foundation warned of the legal risk in this respect. (LINK /)


Three key concerns: first, informed consent is the guiding light of all medicine, in accord with the Nuremberg Code of 1947; second, the Americans with Disabilities Act proscribes, punishes and penalizes employers who invasively inquire into their employees' medical status and then treat those employees differently based on their perceived medical status, as the many AIDS related cases of decades ago fully attest; and third, international law, Constitutional law, specific statutes and the common law of torts all forbid conditioning access to employment, education or public accommodations upon coerced, invasive medical examinations and treatment, unless the employer can fully provide objective, scientifically validated evidence of the threat from the employee and how no practicable alternative could possible suffice to mitigate such supposed public health threat and still perform the necessary essentials of employment. As one federal court just recently held, the availability of reasonable accommodations like accounting for prior infection, antibody testing, temperature checks, remote work, other forms of testing, and the like suffice to meet any institution’s needs in lieu of masks, public shaming, and forced injections of foreign substances into the body that the FDA admits we do not know the long -term effects of.


For instance, the symptomatic can be self-isolated. Hence, requiring vaccinations only addresses one risk: dangerous or deadly transmission, by the asymptomatic or pre-symptomatic employee, in the employment setting. Yet even government official Mr. Fauci admits, as scientific studies affirm, asymptomatic transmission is exceedingly and "very rare." Indeed, initial data suggests the vaccinated are just as, or even much more, likely to transmit the virus as the asymptomatic or pre-symptomatic. Hence, the vaccine solves nothing. This evidentiary limitation on any employer's decision making, aside from the legal and insurance risks of forcing vaccinations as a term of employment without any accommodation or even exception for the previously infected (and thus better protected), is the reason most employers wisely refuse to mandate the vaccine. This doesn't even address the arbitrary self-limitation of the pool of talent for the employer: why reduce your own talent pool, when many who refuse invasive inquiries or risky treatment may be amongst your most effective, efficient and profitable employees?


This right to refuse forced injections, such as the Covid-19 vaccine, implements the internationally agreed legal requirement of Informed Consent established in the Nuremberg Code of 1947. (LINK / ). As the Nuremberg Code established, every person must "be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision" for any medical experimental drug, as the Covid-19 vaccine currently is.


Second, demanding employees divulge their personal medical information invades their protected right to privacy, and discriminates against them based on their perceived medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a).) Indeed, the ADA prohibits employers from invasive inquiries about their medical status, and that includes questions about diseases and treatments for those diseases, such as vaccines. As the EEOC makes clear, an employer can only ask medical information if the employer can prove the medical information is both job-related and necessary for the business. (LINK ).

An employer that treats an individual employee differently based on that employer’s belief the employee’s medical condition impairs the employee is discriminating against that employee based on perceived medical status disability, in contravention of the ADA. The employer must have proof that the employer cannot keep the employee, even with reasonable accommodations, before any adverse action can be taken against the employee. If the employer asserts the employee’s medical status (such as being unvaccinated against a particular disease) precludes employment, then the employer must prove that the employee poses a “safety hazard” that cannot be reduced with a reasonable accommodation. The employer must prove, with objective, scientifically validated evidence, that the employee poses a materially enhanced risk of serious harm that no reasonable accommodation could mitigate. This requires the employee's medical status cause a substantial risk of serious harm, a risk that cannot be reduced by any another means. This is a high, and difficult burden, for employers to meet. Just look at the all prior cases concerning HIV and AIDS, when employers discriminated against employees based on their perceived dangerousness, and ended up paying millions in legal fees, damages and fines.




Bobby OG Johnson
USA Fan
Member since Apr 2015
22730 posts
 Online 

re: Robert Barnes provides employer letter example for vaccine mandate objection
quote:

Third, conditioning continued employment upon participating in a medical experiment and demanding disclosure of private, personal medical information, may also create employer liability under other federal and state laws, including HIPAA, FMLA, and applicable state tort law principles, including torts prohibiting and proscribing invasions of privacy and battery. Indeed, any employer mandating a vaccine is liable to their employee for any adverse event suffered by that employee. The CDC records reports of the adverse events already reported to date concerning the current Covid-19 vaccine.(https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/vaers.html )

Finally, forced vaccines constitute a form of battery, and the Supreme Court long made clear "no right is more sacred than the right of every individual to the control of their own person, free from all restraint or interference of others." (https://www.law.cornell.edu/supremecourt/text/141/250)

With Regards,

Employee of the Year,
Thomas Paine"



https://vivabarneslaw.locals.com/post/987884/employer-letter-example-vaccine-mandate-objection[/quote]


thermal9221
New Orleans Saints Fan
Youngsville
Member since Feb 2005
12650 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
That’s a soy fricking letter.

If you don’t want to take it, tell them you don’t want to take it. Deal with the issues that result from it.


Ancient Astronaut
USA Fan
Member since May 2015
31603 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
quote:

HIPAA


They work for a Covered Entity?


John Coctostan
Louisiana Tech Fan
Member since May 2018
481 posts
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re: Robert Barnes provides employer letter example for vaccine mandate objection


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724
Gifman
Mississippi St. Fan
by the mountains
Member since Jan 2021
7455 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
quote:

thermal9221




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212
deathvalleytiger10
Member since Sep 2009
7400 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
quote:

If you don’t want to take it, tell them you don’t want to take it. Deal with the issues that result from it.


Nothing cries Soy more than lying down and taking your beating.

Congrats on the your Soy Post of the Month award.


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401
Bard
LSU Fan
Definitely NOT an admin
Member since Oct 2008
49767 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection


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91
sledgehammer
USA Fan
SWLA
Member since Oct 2020
2962 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
If your boss doesn’t honor your letter of objection, you have to make it personal by kidnapping his daughter.


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141
weadjust
Member since Aug 2012
14886 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
Dear Employee

Congratulations. You have been granted a vaccination exemption. As a condition of your continued employment you must wear a mask at all times and submit a negative covid PCR test result twice weekly from a testing facility of your choosing and expense. Failure to comply will result in immediate termination. Good luck


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Redbonebandit
Georgia Fan
Member since Dec 2019
998 posts
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re: Robert Barnes provides employer letter example for vaccine mandate objection
Solid post well done sir!


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51
GumboPot
Georgetown Fan
Member since Mar 2009
114981 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
quote:

forced vaccines constitute a form of battery, and the Supreme Court long made clear "no right is more sacred than the right of every individual to the control of their own person, free from all restraint or interference of others." (LINK )



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121
Category5
Member since Mar 2019
286 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
quote:

PCR test result twice weekly from a testing facility of your choosing and expense.




Dear Boss,

Your proposed accommodation doesn't seem reasonable as it will cause an undue financial hardship. I'll see you in court. Good luck.


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232
NYNolaguy1
LSU Fan
Member since May 2011
20675 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
Just so you know, from the link in the OP, the Pfizer vaccine is not linked to any fetal or ethical concerns. It is "ethically uncontroversial..."


David_DJS
Member since Aug 2005
15699 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
quote:

Just so you know, from the link in the OP, the Pfizer vaccine is not linked to any fetal or ethical concerns. It is "ethically uncontroversial..."

“When it comes to the Pfizer and Moderna COVID-19 vaccines, fetal cell line HEK 293 was used during the research and development phase. All HEK 293 cells are descended from tissue taken from a 1973 abortion that took place in the Netherlands.”

LINK


Teddy Ruxpin
LSU Fan
Member since Oct 2006
39321 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
quote:


They work for a Covered Entity?


I think the angle is Employer sponsored health plans that are self-funded. The employer would have access to health claims, etc., and have a great more HIPAA responsibility.

Most companies of any size are self-funded, or are moving towards self-funding.
This post was edited on 8/24 at 12:43 am


NYNolaguy1
LSU Fan
Member since May 2011
20675 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
From your link:
quote:

Question 

Do the COVID-19 vaccines contain aborted fetal cells? 

Answer from infectious disease expert and practicing Catholic James Lawler, MD 

No, the COVID-19 vaccines do not contain any aborted fetal cells. However, fetal cell lines – cells grown in a laboratory based on aborted fetal cells collected generations ago – were used in testing during research and development of the mRNA vaccines, and during production of the Johnson & Johnson vaccine. 

Before we dig into the science, I’d like to have a word 

It is true that decades ago, scientists decided to use fetal tissue to start the cell lines we use to test drugs today. However, the description of ongoing modern fetal tissue harvesting to create vaccines is dishonest sensationalism.  

As a practicing Catholic, I think the moral balance of indirectly benefitting from an abortion that occurred 50 years ago in order to take a vaccine that will prevent further death in the community is a no-brainer – especially considering that so many of the over 620,000 American deaths have occurred in the most vulnerable and marginalized in our society. We need to focus on saving lives right now. We need to care for our neighbors. 

The Vatican and bishops agree. The Vatican has issued clear guidance that permits Roman Catholics in good faith to receive COVID-19 vaccines that use fetal cell lines in development or production. Read the Vatican's comments on the morality of receiving a COVID-19 vaccine. 


This post was edited on 8/24 at 12:46 am


David_DJS
Member since Aug 2005
15699 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
So you agree, when you posted -

quote:

the Pfizer vaccine is not linked to any fetal or ethical concerns. It is "ethically uncontroversial..."

You were simply sharing an opinion. The fact is that Pfizer used aborted fetal cells in the development of their Covid vaccine.


NYNolaguy1
LSU Fan
Member since May 2011
20675 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
In truth I was responding to the bit about religious exemption. How can you claim a religious exemption when as a Catholic the Vatican recognizes no problem to be exempted from, as you quoted above?


David_DJS
Member since Aug 2005
15699 posts

re: Robert Barnes provides employer letter example for vaccine mandate objection
quote:

How can you claim a religious exemption when as a Catholic the Vatican recognizes no problem to be exempted from, as you quoted above?

It’s not just Catholics that are sensitive to this issue. But where the Catholic church is concerned, there is a pervasive (and growing) sense that a far too political and far too “un-Catholic” is running the church.


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