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Employers in U.S. have legal right to mandate COVID shots

28 Comments
By MAE ANDERSON and RICARDO ALONSO-ZALDIVAR

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28 Comments
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Title IX explicitly states that discrimination based on religious beliefs is illegal.

Moreover the courts have ruled countless times that Consent can not be obtained through coercion, threats, violence or intimidation.

No means no and consent must be freely and voluntarily given.

These "mandates" will be defeated when challenged in the courts and payouts will be huge.

-5 ( +3 / -8 )

Title IX explicitly states that discrimination based on religious beliefs is illegal.

No, it doesn’t. Title IX relates to discrimination based on sex and allows for exceptions for religious institutions.

https://www.justice.gov/crt/title-ix-education-amendments-1972

Moreover the courts have ruled countless times that Consent can not be obtained through coercion, threats, violence or intimidation.

No means no and consent must be freely and voluntarily given.

These "mandates" will be defeated when challenged in the courts and payouts will be huge.

you are conflating many different areas of jurisprudence. It’s not accurate and extremely unhelpful.

8 ( +9 / -1 )

I am sure Burning Bush made a typo and intended to write Title VII.

-3 ( +2 / -5 )

Employers in U.S. have legal right to mandate COVID shots

Conservatives who scream this is like "1984!" and a violations of their freedoms have no problem with businesses mandating drug testing of employees.

6 ( +7 / -1 )

Employers can not demand physical access to your body as a condition of employment.

They pay for your labor, but they do not own your body.

Your body belongs to you.

If you say No, it means NO.

-3 ( +4 / -7 )

Title IX and Title VII are easily confused, especially when taking into consideration how close the X And V keys are on the keyboard and that the Is come before the X and after the V. Definitely a typo.

Why do “conservatives” refuse to simply admit when they made a mistake?

4 ( +6 / -2 )

Employers can not demand physical access to your body as a condition of employment.

Yes, they can. Ever heard of a pre-employment physical or drug test?

7 ( +8 / -1 )

P. SmithToday  08:28 am JST

Title IX and Title VII are easily confused, especially when taking into consideration how close the X And V keys are on the keyboard and that the Is come before the X and after the V. Definitely a typo.

Why do “conservatives” refuse to simply admit when they made a mistake?

Oh--a legal scholar now?

Isn't a typo a mistake? And you want to attack someone for that? How woke, CRT-driven CNN sponsored thinking.

-10 ( +2 / -12 )

Oh--a legal scholar now?

If graduating from law school and passing a bar exam makes one a legal scholar.

Isn't a typo a mistake? And you want to attack someone for that? How woke, CRT-driven CNN sponsored thinking.

A typo is a simple mistake arising from keys on a keyboard being close together or fingers moving too fast. Confusing Title IX and Title VII is not a typo.

I was not attacking Burning Bush, I was correcting his mistake.

As for having woke, CRT-driven CNN sponsored thinking, that’s simply you trying to bait me. I’ve repeatedly told you I do not consume CNN. Keep trying, tiger.

8 ( +9 / -1 )

Even a low-rent workplace injury lawyer would have a field day with the "condition of employment" argument since an employer cannot arbitrarily change those conditions AFTER the employee has been hired.

This coercion tactic may work if you are in an "at will" position but for tenured employees backed by unions...good luck.

-5 ( +1 / -6 )

Good.

2 ( +3 / -1 )

Even if the employee has had Covid and recovered? Makes little medical sense. Any one who has high antibody ir Tcell count should be exempted.

-2 ( +2 / -4 )

If only CNN promoted racial components exclusive from their other garbage.

I guess with the number of CNN quotes you make you must be a major viewer of the network?

6 ( +6 / -0 )

Even a low-rent workplace injury lawyer would have a field day with the "condition of employment" argument since an employer cannot arbitrarily change those conditions AFTER the employee has been hired.

Workplace injury lawyers are known as tort lawyers. Tort lawyers don’t typically deal with contract law or employment law, which is what you are talking about.

3 ( +3 / -0 )

What about the rights of the people who did get vaccinated NOT to be around unvaccinated geniuses?

Let the unvaccinated either work from home or if their jobs don't support that, let them find other work with other companies who don't care about worker safety or rising costs of medical insurance.

4 ( +4 / -0 )

The anti-vaxxers and the “my body is a temple” malcontents can scream and stamp their little feet all they like, the tide has turned against them. And if they keep trying to white-ant everyone else’s attempts to beat this pandemic, the tide’s going to turn against them even more.

2 ( +2 / -0 )

P. SmithToday  12:21 pm JST

Workplace injury lawyers are known as tort lawyers. Tort lawyers don’t typically deal with contract law or employment law, which is what you are talking about.

Tort lawyers specializing in workplace injuries most certainly deal with contract law.

-6 ( +0 / -6 )

I'm sure Trump is thinking, you wouldn't have to be forced with this "mandate" if I were still the CIC.

2 ( +2 / -0 )

Moreover the courts have ruled countless times that Consent can not be obtained through coercion, threats, violence or intimidation.

No means no and consent must be freely and voluntarily given.

You may wish to read an old US Supreme Court decision, Jacobson v Massachusetts, 197 U.s. 11 (1905). In this decision the court ruled that states have the authority to require all residents to be vaccinated in this case against smallpox during a pandemic, or face fines and possibly jail. The wording of the majority opinion stoutly refutes all of your claims.

2 ( +2 / -0 )

Even if the employee has had Covid and recovered? Makes little medical sense.

There are too many documented occasions of individuals having multiple Covid-19 infections to assume having the virus once offers any protection in the future. Much like colds, any immunity gained from infection with the virus is short term and temporary. A vaccine offers better and longer lasting protection.

2 ( +2 / -0 )

If you say No, it means NO.

If I refuse to take a drug test I will lose my job. When I held a commercial drivers license and was driving trucks for a living (how I was able to afford grad school) refusal to take a drug test would lead to revocation of my license.

2 ( +2 / -0 )

Where is the logic is it ok to require someone to have a covid passport ID to get into a restaurant but there is no requirement to have an ID to get a driver license or vote. It seems as if the government are now putting people against each other those vaccinated and those not. It's conquer and divide. The world of confusion and illusion. If the Food and Drug Administration (FDA) hasn't approved the vaccination as they do with all other "DRUGS"! Why should people trust it, if the gov governing body hasn't approved it. Google the Tuskegee experiment and this will explain why people are hesitant.

-1 ( +0 / -1 )

 If the Food and Drug Administration (FDA) hasn't approved the vaccination as they do with all other "DRUGS"! Why should people trust it, if the gov governing body hasn't approved it. Google the Tuskegee experiment and this will explain why people are hesitant.

The differences ought to be obvious. The current Covid-19 vaccines are well tested and have USDA approval for emergency use. Because we face a pandemic that has killed more Americans than died in any war the approval process was abbreviated but the necessary testing has been accomplished. What happened to those poor Americans with the Tuskegee experiment was barbaric and has no analogies to the current situation. The vaccine program is trying to save lives and indeed is the only way out of this pandemic. Refusing to be vaccinated only guarantees the pandemic will continue.

1 ( +1 / -0 )

Although sensible in the circumstances, this will probably deepen the political rift in American society. Fewer Republicans will hold government jobs, instead switching to sympathetic Republican employers. The US is dividing into two nations that increasingly function independently of each other. Censorship will lead them to using different apps, websites and social media.

It is becoming more like Catholic and Protestant or Shia and Sunni, than left-wing and right-wing. The middle ground is vanishing.

2 ( +2 / -0 )

Commodore PerryJuly 28  06:39 pm JST

Tort lawyers specializing in workplace injuries most certainly deal with contract law.

Nope. Tort lawyers specializing in workplace injuries only come into play if there was a negligent actor at the place of work, otherwise Workers’ Compensation “remedies” the injury.

The OP was referring to a tort lawyer addressing a condition of employment issue, which would fall under the purview of an employment lawyer.

You see, in the US, lawyers are highly specialized. It’s rare to get a family law attorney who also does personal injury.

2 ( +3 / -1 )

I'm sure Trump is thinking, you wouldn't have to be forced with this "mandate" if I were still the CIC.

I'm sure Trump is thinking, "How can I make this about me?" Yesterday's man, and one with a fork in a world of spoons. Increasingly unstable, if that were possible.

It is becoming more like Catholic and Protestant or Shia and Sunni, than left-wing and right-wing. The middle ground is vanishing.

Fair comment. Long since vanished. Despite the collective knowledge of our race, right wingers insist on embracing ignorance. It's probably better if we just move on and drag them along in our wake.

3 ( +3 / -0 )

Well stated, Clip.

1 ( +2 / -1 )

P. SmithToday  09:28 am JST

> LMAO!

Legal practice in the US is misunderstood by many. English teaching is a far way off from practicing law.

-4 ( +0 / -4 )

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