Federal law prohibits employers and others from requiring vaccination with a Covid-19 vaccine under EUA

[Mito]

EUAs are clear: Getting these vaccines is voluntary​

The same section of the Federal Food, Drug, and Cosmetic Act that authorizes the FDA to grant emergency use authorization also requires the secretary of Health and Human Services to “ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product.”

Likewise, the FDA’s guidance on emergency use authorization of medical products requires the FDA to “ensure that recipients are informed to the extent practicable given the applicable circumstances … That they have the option to accept or refuse the EUA product …”

In the same vein, when Dr. Amanda Cohn, the executive secretary of the CDC’s Advisory Committee on Immunization Practices, was asked if Covid-19 vaccination can be required, she responded that under an EUA, “vaccines are not allowed to be mandatory. So, early in this vaccination phase, individuals will have to be consented and they won’t be able to be mandatory.” Cohn later affirmed that this prohibition on requiring the vaccines applies to organizations, including hospitals.

The EUAs for both the Pfizer/BioNTech and Moderna vaccines require facts sheets to be given to vaccination providers and recipients. These fact sheets make clear that getting the vaccine is optional. For example, the one for recipients states that, “It is your choice to receive or not receive the Covid-19 Vaccine,” and if “you decide to not receive it, it will not change your standard of medical care.”

Federal law prohibits employers and others from requiring vaccination with a Covid-19 vaccine distributed under an EUA

As decision-makers at organizations decide on their Covid-19 vaccination policy, they should be careful to not let this passion lead the organization to run afoul of the law.

www.statnews.com

 

[kitback]

Thank you for posting this! I will sleep much better knowing this.

 

[tankasnowgod]

“It is your choice to receive or not receive the Covid-19 Vaccine,” and if “you decide to not receive it, it will not change your standard of medical care.”

So, it's basically like that old Black Sheep song from the 90s then.

 

[lampofred]

You are missing the key words "early in this vaccination phase" and "under an EUA" (Emergency Use Authorization). Once several months pass and it's no longer an "emergency" then it's extremely easy for it to become mandated. Schools and colleges already mandate so many, why not this one, and why wouldn't employers start mandating?

 

[Inaut]

I'll be ready to either quit or sue my employer if/when the day comes. I'm sure there's other people in my company that are also against forced vaccination and would join the fight.

 

[Mito]

I'll be ready to either quit or sue my employer if/when the day comes. I'm sure there's other people in my company that are also against forced vaccination and would join the fight.

If you are in the US, there’s not much you can do in the way of lawsuits once the vaccines are fully approved by the FDA. The law is clear that vaccines can be a requirement of employment for an at-will employee. They have the legal authority to require influenza vaccines now, but most companies have chosen not to do it. If there is enough resistance to the covid vaccines, maybe most companies will choose to treat them like they do influenza vaccines now.

 

[Mito]

You are missing the key words "early in this vaccination phase" and "under an EUA" (Emergency Use Authorization). Once several months pass and it's no longer an "emergency" then it's extremely easy for it to become mandated. Schools and colleges already mandate so many, why not this one, and why wouldn't employers start mandating?

Yes, even now with EUA they have legal authority to require you to work at home for example if are not vaccinated.

 

[haidut]

Yes, even now with EUA they have legal authority to require you to work at home for example if are not vaccinated.

I think that is only while there is a "state of emergency" declared in most states. If that is retracted, then I think companies cannot legally require you to get injected with something that only has EUA or force you to work from home. Of course, IANAL and as far as I know neither side of the issue has been tested in court yet.

 

[tankasnowgod]

If you are in the US, there’s not much you can do in the way of lawsuits once the vaccines are fully approved by the FDA. The law is clear that vaccines can be a requirement of employment for an at-will employee. They have the legal authority to require influenza vaccines now, but most companies have chosen not to do it. If there is enough resistance to the covid vaccines, maybe most companies will choose to treat them like they do influenza vaccines now.

Wouldn't they be at least 3-4 years out for full approval, though? They only did 28 days of testing to ram through the EUA. New drugs normally have to do a few years of testing, correct?

 

[Mito]

Wouldn't they be at least 3-4 years out for full approval, though? They only did 28 days of testing to ram through the EUA. New drugs normally have to do a few years of testing, correct?

Pfiser claims to be filing for full approval in April and expects to get decision by end of 2021.

 

[Kavie]

what a

I'll be ready to either quit or sue my employer if/when the day comes. I'm sure there's other people in my company that are also against forced vaccination and would join the fight.

what about forced mask wearing in all workplaces? In came in Canada back in November, have been on "sick leave" ever since.

 

[Lejeboca]

I'll be ready to either quit or sue my employer if/when the day comes. I'm sure there's other people in my company that are also against forced vaccination and would join the fight.

Spiro Skouras interviews an attorney:

It’s Here: First Court Case Against Mandatory Vaccination: Attorney Interview​

 

[Kavie]

Spiro Skouras interviews an attorney:

It’s Here: First Court Case Against Mandatory Vaccination: Attorney Interview​

what about forced mask wearing in the workplace? I quit the next day. I should be entitled to compensation yes?

 

[LA]

Cornell gave good examples to Blm on how they can be exempt. Cite precedence and figure out how your ethnicity has been discriminated against (everyone including white people have been discriminated against in this country for one reason or another in one area or another) Follow the examples they gave to their students as an example. Demand your right to be exempted based on whatever you feel is a good reason.

 

[Mito]

COVID-19 - Frequently Asked Questions | Occupational Safety and Health Administration

www.osha.gov

 

[Lollipop2]

View attachment 23597

COVID-19 - Frequently Asked Questions | Occupational Safety and Health Administration

www.osha.gov

That should give employers pause. Imagine the insurance claims.

 

[TripleOG]

ICAN pressed the EEOC on the issue (their statement was being interpreted as employers having the right to mandate).

Well, they responded.

ICAN RECEIVES POSITIVE RESPONSE FROM EEOC REGARDING ITS GUIDANCE ON COVID-19 VACCINE MANDATES - ICAN - Informed Consent Action Network

ICAN, through its attorneys, reached out to the EEOC multiple times to request that the agency make its COVID-19 guidance clear and in line with federal law and the CDC and FDA’s position, which all provide that vaccines in use pursuant to Emergency Use Authorization cannot be mandated.

www.icandecide.org

In short, they say their statements don’t apply to federal and local law.

Idk how these colleges are going to go through with mandates.

 

[Lollipop2]

ICAN pressed the EEOC on the issue (their statement was being interpreted as employers having the right to mandate).

Well, they responded.

ICAN RECEIVES POSITIVE RESPONSE FROM EEOC REGARDING ITS GUIDANCE ON COVID-19 VACCINE MANDATES - ICAN - Informed Consent Action Network

ICAN, through its attorneys, reached out to the EEOC multiple times to request that the agency make its COVID-19 guidance clear and in line with federal law and the CDC and FDA’s position, which all provide that vaccines in use pursuant to Emergency Use Authorization cannot be mandated.

www.icandecide.org

In short, they say their statements don’t apply to federal and local law.

Idk how these colleges are going to go through with mandates.

I agree. I just saw that ICAN update yesterday. I do think this house of cards will tumble. Last weeks Highwire show Del Bigtree said he is dedicating his life to see this crime be stopped and the people involved prosecuted. That is powerful. I am sure there are others like him.

 

[Lejeboca]

ICAN pressed the EEOC on the issue (their statement was being interpreted as employers having the right to mandate).

.....

Idk how these colleges are going to go through with mandates .

The students (and college employees) may be just bullied into this, From what I've seen at my employer's, none of the "mandates" so far are mandates-requirements, but are crafted such that they can be easily read as mandates by fearful-ignorant college crowd. The employer also does bullying through mass mailing (daily emails-reminders) and through prompting to agree to (sign) some "responsible behavior" missives.
Simply do not consent. This is my solution so far. But I am not "starting a revolution" (à la Bigtree) either. I admire his resolve, however.

 

[Lollipop2]

Simply do not consent.

For the win!