Dear Madam Vice President,
Because the way I see it, if a person is “vaccinated”, they don’t have anything to worry about. The word “Vaccine” means “a preparation of genetic material (such as a strand of synthesized messenger RNA) that is used by the cells of the body to produce an antigenic substance (such as a fragment of virus spike protein)”, according to Merriam-Webster (
Hmmmm… So those folks with a variety of ailments and conditions that might suffer more from a certain Presidential mandate just issued could have their rights violated instead of being protected under law? It isn’t the answer, but a possible doorway to solving part of the issue for some people. If you are looking for some place to start with fighting back / defending your freedom against the Covid-19 Vaccine Mandate that President Joe Biden laid out against the American people last Thursday, September 9th (https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/09/09/remarks-by-president-biden-on-fighting-the-covid-19-pandemic-3/), you may want to start with the Americans with Disabilities Act of 1990. In particular, Sub-chapter 1 (https://beta.ada.gov/law-and-regs/ada/#subchapter-i—employment-title-i), “Employment” section. In there, there is details on descrimination that could provide a small opening to any chance to have this forced mandate on businesses and their employees to be bypassed without legal consequences on the business. Under under section 12112 – Discrimination:
“(a) General rule
No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
(b) Construction
As used in subsection (a) of this section, the term “discriminate against a qualified individual on the basis of disability” includes
(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;
(2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity’s qualified applicant or employee with a disability to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs);
(3) utilizing standards, criteria, or methods of administration
(A) that have the effect of discrimination on the basis of disability;
(B) that perpetuates the discrimination of others who are subject to common administrative control;
(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;
(5)
(A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or
(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;
(6) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; and
(7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).“
Even the Federal Trade Commission has a few things to say concerning the issue. (
https://www.ftc.gov/site-information/no-fear-act/protections-against-discrimination ) “Other laws enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) protect Federal employees from certain prohibited personnel practices. According to Section 2302(b) of Title 5 of the United States Code, any employee who has authority to take, direct others to take, recommend or approve personnel actions may not:
- Discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.
- Solicit or consider employment recommendations based on factors other than personal knowledge or records of job related abilities or characteristics.
- Coerce an employee’s political activity or take action against any employee as reprisal for refusing to engage in political activity.
- Deceive or willfully obstruct a person’s right to compete for employment.
- Influence any person to withdraw from competition for a position to improve or injure the employment prospects of any other person.
- Give unauthorized preference or advantage to any person to improve or injure the employment prospects of any particular employee or applicant.
- Engage in nepotism.
- Retaliate against an employee or an applicant because of an individual’s legal disclosure of information evidencing wrongdoing (“whistleblowing”).
- Retaliate against an employee or applicant for exercising an appeal, complaint or grievance right; testifying or assisting another in exercising such a right, cooperating with an Inspector General or the Special Counsel, or refusing to obey an order that would break a law.
- Discriminate against an employee based on conduct which is not adverse to on-the-job performance of the employee, applicant, or others. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on “conduct” to include discrimination based on sexual orientation. See Addressing Sexual Orientation Discrimination in Federal Civilian Employment.
- Violate veterans’ preference requirements.
- Violate any law, rule, or regulation which implements or directly concerns the merit principles.”
Now let me ask you this, how many of those do you feel this Covid-19 vaccine mandate violates? No need to subscribe to the Tin Foil Hat Brigade, it’s right there in your face. The people running this Presidential Administration knows it and now so do you. They just choose to ignore the rules and regulations. If you look into the Equal Employment Opportunity Commission (
), they say the federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, are subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations. These principles apply if an employee gets the vaccine in the community or from the employer. “In some circumstances, Title VII and the ADA require an employer to provide reasonable accommodations for employees who, because of a disability or a sincerely held religious belief, practice, or observance, do not get vaccinated for COVID-19, unless providing an accommodation would pose an undue hardship on the operation of the employer’s business. The analysis for undue hardship depends on whether the accommodation is for a disability (including pregnancy-related conditions that constitute a disability) or for religion.”