I have a hypothetical scenario that does not involve myself. Just seeking info on a topic that's pretty specific and difficult to find succinct information on.
Let's say Bill works at homes services company and that company has decided to require vaccinations or masks if not vaccinated (second class employees). Bill is not vaccinated and bill will not become vaccinated. Bill also does not want to wear a mask because that's bill's choice being that there is no scientific proof that masks are effective against viruses and bill likes breathing air. Bill also works in a state (FL) that has banned vaccine passports though it is unclear how it affects employer/employee operations in terms of being asked to show proof since bill told his employer that he was, in fact, vaccinated. Bill thinks it is unlawful to require proof by an employer although bill could be wrong. It turns out, Bill is the only one of 50 or so employees who has been asked to show proof. Bill was not furnished with a detailed company announcement informing everyone that proof was necessary. However, bill was sent home until bill could provide his vaccine passport.
Bill wants to know a couple things and bill also understands he is not at a law office. Bill is curious if the FL EO 21-81 protects bill from his fascistic employer since it goes into detail about business/patron relations but aside from a general statement saying passports should not be required, bill cannot determine accurately how it affects his situation. There's a good chance it doesn't but would like input from others. Also, bill would like to know if this kind of company policy can be applied selectively (requiring proof aka a passport) and not be considered a form of discrimination or an unequal opportunity of employment.
Things to remember: bill does not wear masks. Period. The vaccination policy becomes a condition of employment if masks are refused, but cannot be considered "mandatory" given that the masking option exists. Bill is "vaccinated" as far as his employer is aware and bill can absolutely furnish his passport, but bill wants to fight back.
Any bit of info is welcome!
Oh, and as for the Nuremberg code question, I have not seen any legal authority weigh in on this. The EEOC and Dept of Labor are silent completely on it, and employment law lawyers for companies are saying that avenue of argument is BS. I don't know if they're right or not, but that's what they are telling us (I've heard this from multiple law firms who represent my company directly). What it will take to determine that is case law. I haven't spent a ton of time looking into it myself yet, but I have not yet found any lawsuits on the books where employees are suing employers and using the Nuremburg code in their arguments and winning. There may be cases on the books that haven't progressed far enough yet, or I may just not be looking hard enough. But that's what I'm seeing so far.