Many companies are forcing their employees to get the covid-19 vaccination or they’ll lose their jobs. But how is this legal?
Before we get to the answer to that question, let me clarify that I don’t believe that the covid-19 vaccine is actually a “vaccine.” It’s an experimental drug that was authorized for emergency use by the FDA. That does not mean that it was approved by the FDA. However, in this article I will refer to vaccine and vaccination for the sake of brevity.
So, back to the question, how can employers force employees to get the vaccine or lose their jobs?
Prinz Law Firm explains how this is possible…
Employers have an obligation under the Occupational Safety and Health Act (OHSA) to ensure they provide a safe and healthy work environment for their workers. The U.S. Centers for Disease Control and Prevention and the Equal Employment Opportunity Commission (EEOC) have determined that COVID-19 meets the definition of a “direct threat,” able to trigger heightened safety measures in the workplace.
Although the EEOC has not yet released guidance on mandating a COVID-19 vaccine in the workplace, the regulations and guidance from these federal agencies currently provide employers with the flexibility to institute a variety of safety policies. Requiring that employees get a vaccine will likely be considered reasonable.
So, the answer is yes, it is legal for an employer to terminate employment, but there are exceptions.
Individuals have the right to be free from discrimination on the basis of religion under Title VII of the Civil Rights Act of 1964. If the vaccine is in conflict with one’s religious beliefs, individuals may object to the vaccine.
Allergies and other medical reasons may prevent an individual from getting vaccines. The employer will be required to follow guidelines of the Americans with Disabilities Act (ADA) if an employees files a medical exemption.
But here’s an exemption that may surprise you…
Prinz Law Firm shared in its research that in Chenzira v. Cincinnati Children’s Hospital Medical Center, 2012 U.S. Dist. Lexis 182139 (S.D. Ohio, 2012), the court recognized that veganism, in some circumstances, may constitute a sincerely held religious belief.
While the covid-19 vaccines do not contain animal products, animals were used to develop and test them. In Britain, vegans will be exempt from the vaccine because their beliefs are protected by employment law.
Will the veganism exemption hold up in America’s court? There’s case precedent so we will see.
While personal belief about the covid-19 experimental drug is not an exemption, you still have the absolute right to find another job. I know that may be easier said than done especially if you’ve been with your current employer several years and have a pension and other benefits, but it’s your health.
Do your research. Learn about the dangerous of the covid-19 experimental drugs and the results of adults and children putting those toxins in your body. We have one life to live so protect it and know your rights to stop governmental intrusion in your healthcare.
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