I think it's time I leave the fascist state of California for good.
You're viewing a single comment thread. View all comments, or full comment thread.
Comments (103)
sorted by:
Even if your company states that they will not provide an accommodation I feel you should still push because the Civil Rights Act Title VII, First Amendment and the EEOC COVID Guidelines are on your side as am American citizen.
Helpful resources: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws https://thomasmoresociety.org/vaccine-legal-help/ https://lc.org/exempt
The burden is on the employer to prove that giving you an accommodation would cause them an undue hardship. If you are only asking for small changes (no vax, willing to wear masks, etc) or de minimis accommodations the company has to try extra hard to say that they can't honor it.
At the very least consult with an employment attorney.
Also, if someone is vaccine injured there is a chance they can receive worker's comp even if the company says no. (https://www.sedgwick.com/blog/2021/09/09/vaccine-implications-in-workers-compensation) Larson’s Workers’ Compensation treatise, which is widely cited across the country in workers’ compensation matters, observes that: "When inoculation is occasioned by the particular conditions of employment, injury resulting from the inoculation should be deemed to have occurred in the course of employment. If there is an element of actual compulsion emanating from the employer, the work connection is beyond question, as when the company requires the employee to submit to vaccination by the company's doctor as soon as the employee is hired, or during an epidemic tells the workers that unless they are vaccinated they cannot work until the epidemic is over. By equal logic, just as an employee on an overseas assignment is entitled to associate the contraction of malaria or polio or tuberculosis with the nature of the work, so any harm stemming from inoculations undertaken to protect against the risks of overseas diseases, whether the inoculations were strictly required or not, should be viewed as flowing directly from the employment."
Hope this helps.