My employer has taken a similar approach (with some coaching from respected employees, self included). Essentially the calculations were:
Compliance is too expensive; spend a ton on testing employees
Demoralize or lose unvaxxed employees; cripple workforce
Show vaxxed workforce that all efforts to improve morale were for show, and they do not matter if the passions of men get scary (which is when you need to know who you can rely on); further workforce demoralized
Workforce is now unable to meet quotas; demoralization and company loss
Reputation damage; unable to hire to replace lost workforce (and hiring unvaxxed will exacerbate problem)
Brand damage; taking a stand on this issue will alienate customers regardless of which stance the company takes
Legal challenges from employees later; any employees who take company to litigation could have any number of valid reasons, successful or not
Ultimate Conclusion: Ignore "mandate" as unenforceable and too damaging to comply with. Prepare for litigation if enforcement is attempted. 4th, 9th, 10th, 14th. ADA, EEO, Civil Rights, and other anti discrimination laws.
My employer has taken a similar approach (with some coaching from respected employees, self included). Essentially the calculations were:
Compliance is too expensive; spend a ton on testing employees
Demoralize or lose unvaxxed employees; cripple workforce
Show vaxxed workforce that all efforts to improve morale were for show, and they do not matter if the passions of men get scary (which is when you need to know who you can rely on); further workforce demoralized
Workforce is now unable to meet quotas; demoralization and company loss
Reputation damage; unable to hire to replace lost workforce (and hiring unvaxxed will exacerbate problem)
Brand damage; taking a stand on this issue will alienate customers regardless of which stance the company takes
Legal challenges from employees later; any employees who take company to litigation could have any number of valid reasons, successful or not
Ultimate Conclusion: Ignore "mandate" as unenforceable and too damaging to comply with. Prepare for litigation if enforcement is attempted. 4th, 9th, 10th, 14th. ADA, EEO, Civil Rights, and other anti discrimination laws.
"We will pay nothing, and we will be happy."