VivaBarnesLaw
News • Politics • Culture
This is the VivaBarnesLaw Community.
Interested? Want to learn more about the community?
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. ( https://lozierinstitute.org/an-ethics-assessment-of-covid-19-vaccine-programs/ ) For example, each of the currently available Covid vaccines confirmed their vaccine by protein testing using the abortion-derived cell line HEK-293. ( https://lozierinstitute.org/an-ethics-assessment-of-covid-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. As fellow governments recognize: "Religion includes all aspects of religious observance and practice, as well as belief. Religious beliefs are not only those beliefs held by traditional, organized religions, but also include moral or ethical beliefs as to what is right or wrong which are sincerely held with the strength of traditional religious views." (https://www.tn.gov/content/dam/tn/hr/documents/Religion_Accommodation_Guidelines.pdf) 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. (https://www.kff.org/coronavirus-covid-19/issue-brief/key-questions-about-covid-19-vaccine-mandates/)
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. (http://www.cirp.org/library/ethics/nuremberg/ ). 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. (https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-disability-related-inquiries-and-medical). 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.

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"

Interested? Want to learn more about the community?
What else you may like…
Videos
Podcasts
Posts
Articles
November 13, 2024
Sneak peek

You gotta love the aggregate ignorance of the so-called political and media elite.

Dumb and proud. A terrible combination

00:09:14
November 12, 2024
My interview on RT

It was short, they really only asked two questions. About voter ID, and whether or not the states that had no voter ID laws went blue because of that, or had that because they were blue.

Enjoy!

00:04:02
November 10, 2024
Out for a bike ride

And just saw this.

My deep thought: if you want the best view of the rainbow, you got a tread through the rain.

00:00:10
February 17, 2024
Appearance on Richard Syrette

I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.

Appearance on Richard Syrette
The Barnes Brief, Podcast Format: Monday, July 17, 2023

Closing Argument: Birthright citizenship is deeply American, and wholly Constitutional.

The Barnes Brief, Podcast Format: Monday, July 17, 2023
Declaration of Independence

Audio podcast style.

Declaration of Independence
November 12, 2024
Barnes update

I got an update from Robert. He texted, which is good. And as anybody who knows him knows well, he is not very wordy in text. lol Here is his message.

“still in Hospital. Hopefully better & out soon. Many thanks for all the prayers, blessings & good wishes.”

Keep the prayers coming. They are real, and I know he appreciates them.

Godspeed and God bless.

3 hours ago

'I prayed every morning for 19 years, asking God to put someone in my path' ..... -RFK, Jr.

post photo preview

YES! YES! YES! and YES!

post photo preview
post photo preview
The Barnes Brief: Friday, October 25, 2024

Schedule: Past & Prospective

Art of the Day: The pride of skill, the mastery of craft, the aesthetic of labor as the anesthetic answer to a commodified, corporatized, dehumanized life imagined for the working class by distant elites. The deindustrialization of America damaged the soul of America, as it replaced empowering honest labor with numbers on a balance sheet of a bureaucratized, soul-lobotomized number-cruncher. Rebalancing the productive economy requires respecting honest work that produces real and tangible value beyond dollars and cents.   

Book Recommendation: Working class rebellion of the 1970s. https://www.goodreads.com/book/show/8614946-stayin-alive?

Wisdom of the Day: “Work is just living out the script to Office Space. We don’t devalue work; work devalues us.” Gen Z worker explaining the antipathy of the Gen Z to the modern workplace.

 

Only for Supporters
To read the rest of this article and access other paid content, you must be a supporter
Read full Article
post photo preview
The Barnes Brief: Friday, October 18, 2024

Schedule: Past & Prospective

Past

What Are The Odds:

placeholder

Upcoming

LIVE Friday Night Betting w/ Barnes at 9pm: https://sportspicks.locals.com/post/6244428/betting-w-barnes-ama-friday-october-18-2024

Saturday Movie: TBD by Board Poll

Sunday: Law for the People w/ Viva

Art of the Day: Needed: an old school study with fireplace, deep leather chairs, the requisite humidor, oil paintings on the wall of ancestors, plush carpets on hardwood floors, old cognac and elegant bourbon in the cabinet, a few classic books on the shelves, and memorable conversations for generations.

Book Recommendation: Operation Ajax: a trip down memory lane. https://www.goodreads.com/book/show/21056774-operation-ajax

Wisdom of the Day: “A doctrine derived from the premise that the King can do no wrong deserves no place in American law.” Law Professor Cherminsky.

Closing Argument: Too Much Immunity

 

Only for Supporters
To read the rest of this article and access other paid content, you must be a supporter
Read full Article
post photo preview
The Barnes Brief: October 11, 2024

Schedule: Past & Prospective

Past

What Are The Odds:

placeholder

Upcoming

LIVE Friday Night Betting w/ Barnes: https://sportspicks.locals.com/post/6217286/betting-with-barnes-friday-october-11-2024

Saturday Movie: TBD by Board Poll

Sunday: Law for the People w/ Viva

Closing Argument: The Story Polls Tell Us

Book Recommendation: An argument for Trump-style economics from three decades ago by one of the most prescient political analysts of American modern history. https://www.goodreads.com/book/show/693546.Staying_on_Top

Art of the Day: I don’t know how impractical it might be, but I’ve always wanted to build a home containing glass ceilings and glass floors in varying parts of the home, to immerse the living space into the outer environment, feeling the skies above and the dirt below, with a special fondness for window views, like clear sky or mountain views from above and river or creek views outside and below. This image captures part of that fascination.

Wisdom of the Day: "Why you talkin' about abortion when we can't feed our kids?" Black woman voter in Las Vegas explaining to a journalist why she's voting Trump over Harris. 

The Merits: Top Five Curated Articles from The Barnes Library

1)  Economy: Recession began in 2022. https://brownstone.org/articles/recession-since-2022-us-economic-income-and-output-have-fallen-overall-for-four-years/

2)  Politics: Climate change is a political loser. https://www.liberalpatriot.com/p/the-clean-energy-transitions-voter

3)  Geopolitics: Journalist arrested in Israel. https://theintercept.com/2024/10/11/us-journalist-jeremy-loffredo-released-israel-detained/

4)  History: NAFTA. https://www.epi.org/publication/briefingpapers_bp147/

5)  Culture: Big Pharma’s “studies” exposed.  https://www.journals.uchicago.edu/doi/10.1086/730383

Homework: Top 10 Cases TBD on Sunday

I.              SCOTUS restarts. https://www.scotusblog.com/2024/10/fourteen-cases-to-watch-from-the-supreme-courts-end-of-summer-long-conference/

II.           Trump NY Appeal.

III.        Amos Miller argument.

IV.         Banks funding cartels. https://www.courthousenews.com/td-bank-to-pay-3-billion-for-allowing-drug-cartels-to-launder-money/

V.           Court clerks strike? https://www.courthousenews.com/san-francisco-superior-court-clerks-authorize-strike/

VI.         Crypto vs Biden continues. https://www.courthousenews.com/wp-content/uploads/2024/10/crypto-sec-lawsuit.pdf

VII.      Roger Ver Indictment problems. https://www.justice.gov/opa/media/1350116/dl?inline

VIII.   J6 informant evidence missing. https://www.zerohedge.com/political/doj-blames-fbi-informant-deleting-jan-6-evidence

IX.        Cakeshop owner wins final battle. https://www.coloradojudicial.gov/system/files/opinions-2024-10/23SC116.pdf

X.           Senate candidate exposed. https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2024-0527%20Gallego-Gallego%20v.%20Wa%20Free%20Beacon.pdf

Closing Argument: The Story Polls Tell Us

  • Let’s contrast 2020 to 2024 using one of the most established media supported polls that abandoned election-eve polling after 2012 due to the difficulties faced in predictive surveying of the modern electorate – due to disparate rate of response from different constituencies as landlines disappeared, do-not-call lists blocked prospective pollsters, and other modern methods of text polling, cell-phone polling, automated polling, and online polling proved littered with landmines and traps for the unskilled or unethical. What we can do, though, is compare like-to-like: how is 2024 shaping up differently than 2020, using the same final October poll of the same pollster using the same modes and methods, Pew.
  • In their final 2020 poll, Pew forecast a ten-point Biden win. In their final 2024 poll, Harris holds a within-the-margin-of-error one-point slim lead. Where are the biggest demographic shifts?
  • This is the shift in margin from Biden to Trump in Pew’s final polls. Men shift from Biden to Trump by 12 points. Voters without any college degree shift from Biden to Trump by 13 points. Black voters shift from Biden to Trump by 15 points. Hispanic voters shift from Biden to Trump by 18 points. White non-Hispanic Catholics shift from Scranton Joe to Trump-Vance by 18 points. Independent voters shift from Biden to Trump by 20 points. Asian voters shift from Biden to Trump by 21 points. Non-college black and Hispanic movers shift from Biden to Trump by 21 points. Black men shift from Biden to Trump by 25 points. Hispanic women shift from Biden to Trump by 25 points. New voters shift from Biden to Trump by 25 points. Millennial voters shift from Biden to Trump by 27 points.
  • Hone down and almost all of the loss of Harris’ vote share from Biden comes primarily from self-described Independent, working-class, non-college, millennial, and minority men, unhappy with the economy, immigration and foreign war risk. Just one more data-point confirming what we’ve been predicting here for the better part of a year. The multi-color new coalition of the Emerging Majority is here, and it’s favorite color is Trump Orange.  
Read full Article
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals