Vax Mandate Guidance Document for Resistors

Large group meeting with an attorney via zoom | 10/9/2021 | By Laz A. Mataz

[Lazamataz]

From September 30, 2021 presentation by Clint [redacted]

Email: [Redacted]

Disclaimer: comments by Clint [redacted] recorded here, should be viewed like something you would hear at a seminar. Since we have not yet hired Clint to represent us, his guidance is not specific legal advice to you individually or this group.

Clint’s initial message to us – about challenging mandates -- was a bitter pill, but it does clarify some things and help us focus on the things that matter. The more important discussion covered was how to successfully acquire an exemption, especially a religious one.

EEOC and Legal Challenges to Mandates

Takeaway: No viable path to stopping corporate’s mandate through the legal system (a good attorney will never say never, but the odds are long)

• Resisting solely on the basis of the risks of adverse reaction to the vaccines has a low chance of success because it has already lost in court.

• A strictly liberty-based request for exemption is likely to fail on the grounds that you have a choice about employment.

Details:

• Can employers mandate vaccinations? It appears so.

  o EEOC is the enforcement agency

  o EEOC updated its guidance in May to say that employers can require vaccinations as a condition of employment, subject to certain limitations

• In both an educational and an employment relationship, the courts have held that the voluntary nature of the relationship allows for a mandate as a requirement of that relationship.

• Courts have acknowledged that science can be wrong, but when it is preventing disease there is a lot of leeway.

• For more details, see the section “Legal Decisions of Import”

Exemptions:

Takeaway: Courts and EEOC have affirmed that there are some limitations to a mandate:

• Medical exemptions of ADA – American with Disabilities Act

• Religious exemptions of CRA – Civil Rights Act of 1964

Details Overall:

• Individuals with a medical reason or sincerely held religious reason have a strong case for an exemption. A doctor has to support the medical reason and you have to be able to explain your sincerely held religious belief.

• WAH individuals should have a strong case for a simple accommodation, but only if they can make a strong case for a medical or religious exemption.

• Individuals who have already had COVID and can prove they have antibodies probably could make a strong case for a medical exemption, but need a doctor willing to sign it.

• Employers must make ‘accommodations’ for medical or religious exemptions. Accommodations cannot place an undue hardship on employer. Jeopardizing security or health are undue hardships, but you should focus your accommodation request on demonstrating that you are not a health risk to others because you don’t have COVID-19.

• The Biden mandate through OSHA is unlikely to survive a court challenge, so it is unlikely every employer with 100+ employees will have a mandate.

• Important: Read your documents! Be sure that you are not signing away your rights if an employer requires a certain form to be signed with an exemption request.

Details for Religious Exemptions:

• Employee has to notify employer of an objection to an employment condition based on a sincerely held religious belief. Also has to request a reasonable accommodation.

• This is a narrow exemption path for sincere religious belief.

  o Example avenues for Religious Exemptions (you may find another)

  § Pro-life concerns about connections to aborted fetal cells

  § My body is a temple of God and I need to be discerning about what goes into my body.

• EEOC defines religion as all aspects of beliefs and is not limited to traditional organized religions, but includes new and uncommon beliefs. Religion is defined by the practitioner, and does not need to be Religious in the person’s own scheme of things. Does not have to ‘make sense’ or ‘be logical’ or have widespread acceptance. Beliefs include non-theistic beliefs: moral or ethical beliefs as to what is right/wrong that is sincerely held with the strength of traditional religious beliefs.

• Employer does not have to agree with your belief but can question you to validate the sincerity of your belief.

• No basis in the law to require a clergy letter.

  o Can substitute a lawyer letter that explains why a clergy letter is not necessary and Clint [Redacted]t is willing to help with this type of letter

• Employer can request additional information if they have an objective basis for doubt. Third party verification is unnecessary.

• It is not a court or an employer’s role to determine the validity of the belief.

• How far can the employer go in questioning a person’s belief? Key is “sincerely held religious belief”

• Have to be able to articulate what is objectionable about the COVID-19 vaccination in terms of your sincerely held beliefs

• Individuals should be able to overcome the requirement for a letter from clergy. Clergy letters are NOT required by the law, however we know that Corporate so far is rejecting religious exemption requests without a clergy letter. So if you can get a member of the clergy to sign your letter, do it. But if you cannot, you do have a legal basis to fight Corporate over the clergy letter requirement, but you may have to hire an attorney to help.

Legal Decisions of Import

• Students at Indiana University challenged vaccination requirement – injunctive motion. In federal court, challenged on Constitutional grounds.

  o Court said that since IU was not in fact mandating vaccinations because students had other choices and upheld the University mandate

  o Appealed to Circuit Court and upheld

  o Appealed to SC and Justice Barrett rejected appeal, letting the lower court ruling stand

• Private employer medical center in Northern Kentucky. One of the few cases that looked at employer mandates.

  o Issue was whether an employer could modify their conditions of employment after hiring someone. Constitutional claims dismissed because the employer was not acting as the government.

  o Court went on to talk about Civil Rights Act protections

  § Suspicions about efficacy and risks cannot override the law.

  § Acknowledged that science can be wrong, but when it is preventing disease there is a lot of leeway.

  § Every employment includes limits on the employees behavior in exchange for renumeration.

  § If an employee believes his/her civil liberties are … they should exercise their right to seek other employment.

Other Considerations / Questions

• What recourse when denied for not having clergy letter. He offered letter to anyone individually who reaches out by email.

  o Do not have to be residents of KY unless there is some special state statute that intervenes.

• Undue hardship denials for large percentage of Corporate employees who have been 100% WAH.

  o Clint thinks it is reasonable to overturn this since Corporate has clearly established in that last 18 months that people can be WAH.

• People are being told they would not be eligible for unemployment.

  o This is a state by state issue and not Clint’s expertise

  o KY certainly allows for disqualifications for insubordination, misconduct

  o Employee needs to make it clear they want to keep their job and continue working and that is why they submitted an RE

  o If you resign voluntarily, then you are not eligible for unemployment

• OSHA rules have not been issued (On Sep 9, President Biden instructed OSHA to develop rules for every employer with more than 100 employees to require vaccines)

  o He believes this will be challenged

• Shots available right now are all EUA, not approved by FDA yet

  o Most of the legal cases here were before any vaccine had FDA approval and the courts still upheld mandates.

  o The EUA statute applies to medical provider. And the IU cases, the judge said it is really not a mandate.

• If we get a vaccine against our will due to mandate, can employer be held accountable for adverse reaction

  o He doesn’t know that this has been answered. There is suggestion that there should be responsibility. Some have suggested asking the employer if I am willing to do this, are you willing to compensate me for adverse reaction.

• If Religious Exemption is approved, what protection do we have from other targeting/harassment? Title VII prohibits this.

• If someone received the shot early in the year and then realized they had a religious issue with the shot, can they apply for an RE if asked to take a booster.

  o He believes the EEOC would support this person because they learned something new.

• Can you define religious belief around Constitutional rights?

• What if you can prove you have antibodies?

  o The one case he knows of settled pretty quick in favor of the plaintiff who was arguing that he did not need a vaccine because he had antibodies.

• Will you get PTO payout if you are terminated or separated? PTO payout question is an employer policy handbook question. There is not a state law on this. Note: Corporate’s policy is to pay out PTO regardless of the reason for separation.

• Harassed by manager to get vaccine? Title VII protects from hostile work environment or religious harassment.

• KY law 147 allows people to request exemption from any vaccination in first 2 years of human trials.

• When to engage attorney

  o When the situation seems to require something the law doesn’t require.

  o Helps to have numbers either named or unnamed.

• People can reach out to him via: clint@[redacted]

Clint [Redacted] Background and Contact Info

• Clint’s email: clint@Redacted.com

• Experienced in employment law

• Recently been involved in mandate issues

[Lazamataz]

If you're in a highly desirable / highly marketable industry industry, you've got your employer by the balls.

Having my employer by the balls is a Holy Sacrement to me.

[grey_whiskers]

Here, have some Mayo Clinic too:

I have been a COVID vaccine injured since April April 22, 2021. The damage giant urticaria, vasculitis, nerve damage, tremors, spasms, blood clots, labored breathing, etc.. headed to Mayo Clinic after confirmed biopsy of autoimmune disease caused by vaccine … #vaccineinjured pic.twitter.com/5YVbRW9C2d— Melanie (@MelanieVInjured) September 27, 2021

[grey_whiskers]

FREEPMAIL.

[grey_whiskers]

Post from Ymani Cricket.

I'm expanding on that for you. Worth watching closely. You know major media is going to black out everything they can as long as they can. They do NOT want the people to know vaccines are being rejected. They are out and out lying on all traditional media platforms (newspapers, local, national, etc) and whatever else they still control. They can't hide the truth forever.

The thread: https://twitter.com/thomasbsauer/status/1446963506402660355?ref_src=twsrc%5Etfw

Some responses: @ZaneNaylor · Oct 8

"What is going on with Jacksonville ATC? Flights cancelled into and out of Florida for almost a full day."

@chasepattison · Oct 8

"@SouthwestAir cancelled our flight 178 from BNA to TPA today with no explanation. (Weather is perfect in Tampa right now!) A lost hotel room, rental car, parking fee, missed vacation day, and a heartbroken 6yo and 4yo later, and all SW can offer is a flight 28hrs later."

@JohnWeglein · 21h

"Last night all flights in and out of Florida we're cancelled. I've heard something happened in Jacksonville with the ATC. Right now all I hear are rumours. Why isn't there any concrete news about this yet?"

The pilots aren't involved yet.

They know that flying + sitting = Deep Vein Thrombosis.

As do all doctors.

Add that to a "mandatory" clot shot?

...AND the Panda which Fauci rode in on.

[grey_whiskers]

One could also sue for injunctive relief.

[grey_whiskers]

No logical argument can refute religious zealotry. Only the prospect of 50+% of their workforce forcing their own terminations will make these jokers wise up.

The Market Ticker ®

https://market-ticker.org/

2021-10-09 07:00 by Karl Denninger

Hiring Manager: ‘I Can’t Find Employees!’

Likely explanation, beyond them being sick of your bull**** with mandates: They’re DEAD.

But first, our usual report.

Total nonfarm payroll employment rose by 194,000 in September, and the unemployment rate fell by 0.4 percentage point to 4.8 percent, the U.S. Bureau of Labor Statistics reported today. Notable job gains occurred in leisure and hospitality, in professional and business services, in retail trade, and in transportation and warehousing. Employment in public education declined over the month.

This was a wild miss after ADP reported in on Wednesday. I predicted that and it doesn’t surprise me one bit.

Remember that this report captures during the survey week, which was in the middle of September, not “Friday.”

And a quick reminder: I always work off the unadjusted household numbers. Always have, always will. You’re free to use whatever you want but since Christmas comes every at the same time this tends to make intentional ****ery much harder, and the government is known for it.

The decline in the unemployment rate was not due to people “finding jobs.” It was due to over half a million of them deciding to walk off and not care. That’s a lot of people, and it’s the second consecutive month after a strong of mostly-good news in that regard since January. Last month also say a large (1.1 million) “walk off” rate.

What has changed? Mandates came in this spring and now its jab mandates, not just masks although the last couple of months might well have been both — specifically, many businesses going back to “Employees must wear one — ha-ha we told you things would be normal if you just took the shot. We lied.”

The only people who gained ground this month were those with 4-year degrees or better. Everyone else was stagnant. Work from home, anyone? No masks in your house, right? That doesn’t apply to people stocking shelves and moving material around though does it?

But that’s not the real trouble sign here. No, that’s the annual run rate of non-institutional population over the last 12 months. That is the total number of not-institutionalized people in the United States over the age of 16. The only ways to leave that count once you join it on your 16th birthday are to:

Expatriate yourself and leave the US permanently.

Go to prison (you come back on it when you get out.)

Go to a nursing home (Reminder: The median life expectancy on admission to one is six months, after which you do the next.)

DIE.

The last two are basically the same thing since most people, once they go to a nursing home and come off the rolls for that reason never go back onto them, although you certainly could.

Deciding to hide in Mom’s basement, going on disability or otherwise choosing never to work again whether by circumstance or personal decision does not remove you from this group. It does take you out of the “workforce” number (and adds you to the “not in labor force” number) but not from this figure.

Here it is going back to the middle of 2020:

(Chart is at site; but again further loss of population. From 2108 in January 2021 when vaxing began down to 911 in September 2021.)

This number has run around 2 million on an annualized run-rate for a very long time. It is somewhat responsive to economic booms and busts with a 16-17 year lag; more people make children, but when they do it takes 16-17 years for them to show up in this figure. 16-17 years ago was literally the best of times; birth rates were rising as we came out of the Tech Wreck. Indeed in 2018 in December the annualized run rate was about 2.5 million. It was in December of 2019 too — right in front of Covid. And in December of 2020 it was back to more-or-less baseline at 2.1 million.

So where did the 1.2 million people that should have been added to the workforce over the last year go?

They didn’t go anywhere. They were added.

This means the real question is who got subtracted?

The power of uncorrelated data sets is that the people who would **** with you through large-scale, institutional lying always forget about the uncorrelated data sets they do not control and thus are “out of their sphere of consciousness.”

January of next year will be the adjustment month, as it always is. But these estimates are what they are and if they’re anywhere near accurate starting in February lots of people started dying who should not have died because the usual rate of death doesn’t move these figures.

Something did — and still is.

PS: Good luck trying to hire replacements if you fire those who refuse jabs in this sort of labor market. If you’re a corporation thinking it will all be good if you play “WokeToBiden” and will simply replace those you fire for their refusal to go along I’ll be looking forward to your bankruptcy filing.

[Jane Long]

Thanks....was just about to post Denninger.

[grey_whiskers]

Almost like you know what you have done has stained your soul and you are fill with a twisted desire to force others to do so as well.

Father Savvas Agioritis: What is to come for those who are vaccinated (freerepublic.com)

Griffin has been a long time pro-jab troll on other threads.

[BigEdLB]

Like my Jewish brother-in-law (name in Poland : Winetsky) who had cousins who “disappeared”. My sister was Episcopalian.

BTW Laz. Add me to you Vaccine Resist ping list>>>>

[grey_whiskers]

[mcmuffin]

Bump F L

[grey_whiskers]

From Vox Day’s blog today. Spread the word!

The Jacksonville air traffic controllers walk over the vaccine mandate:

Jacksonville Center ATC controllers walked out last night over the vaccine mandate. Shut the whole thing down. Total disaster for us and other airlines. Total news blackout, be sure you spread the word.

650 flights canceled so far. Our operation is still unraveling.

The pilots haven’t started to fight yet. That’s coming.

Meanwhile, in the media:

JUST IN: Airports across Florida are experiencing delays due to bad weather conditions.
Due to a combination of severe weather, active military training in the airspace, and unexpected limited staff at the Jacksonville facility that handles high-altitude, en route traffic, the FAA took steps to safely manage air traffic the evening of Oct. 8. Normal operations returned at approximately 10 p.m.
Regardless, it is confirmed that there were 10,028 worldwide flight delays and 2,428 cancellations yesterday. The normal daily number of the latter is 329. And check out the Jacksonville weather report for October 8th. No precipitation, 72 degrees, 5.1 MPH wind. What sort of “severe weather” is that?

[Jane Long]

Have you seen this?

Europe: Too many people are dying and it’s starting to worry the demographers

https://www.rintrah.nl/too-many-people-are-dying-and-its-starting-to-worry-the-demographers/

....The problem with all of this excess mortality is that it doesn’t seem to be getting better, it seems to be getting worse. It’s now getting so bad, that even my own comparatively small country of 17 million, the Netherlands, is beginning to see the signal in its statistics. The Dutch demographic agency, the CBS, has reported that September was a month with significant excess mortality.

What we notice in the most recent week, is that the mortality is most strongly elevated among the younger age groups. Last week we had 300 more deaths than we’re supposed to have. Twenty of those are COVID-19 deaths, the rest are mysterious and unexplained. You can see a graph here, dividing the mortality rate between institutionalized people (mostly elderly nursing home residents) and the rest of the population....

.....So here’s the question to be asking ourselves: What’s causing the excess deaths? For this we can again turn to England. The excess deaths are found in the following categories: Ischemic heart disease, cerebrovascular disease, heart failure, other circulatory disorders and a small number of chronic respiratory disease cases. In other words, we’re seeing mainly cardiovascular problems. Almost all of the excess deaths can be attributed to this.

So what could be the cause? Well, the canary in the coalmine are unfortunately our own teenage boys. In the period when the COVID-19 vaccines began to be administered to teenage boys in England, deaths among teenage boys were up by 63%, compared to 16% in teenage girls.

And that gives us a clue. Teenage boys have a strong immune response to the vaccines, but they also have a low body fat percentage, much lower than girls of their age. The effect this has is that almost all of the myocarditis cases among teenagers who receive the vaccines are seen among the boys. And so, when we start giving these vaccines to teenagers and we see a sudden jump in mortality among boys, that should be reason for concern. In fact, it should have been enough to halt the whole vaccination program at once. That’s how they responded in Scandinavia, where they decided to stop giving the Moderna vaccine to teenagers.....

(Much more detailed info/charts, etc., at link.)

[Jane Long]

I just skimmed through flyertalk forums, last night.

The cancellation boards are going crazy.

[Vendome]

https://citizenfreepress.com/breaking/florida-flights-cancelled-air-traffic-controllers-conduct-mass-sickout-to-protest-vaccine-mandate/

[Golden Eagle]

One could also sue for injunctive relief.

One could, and I hope some do, and the sooner the better.

But I can add some more detail regarding my experience outlined in post 44, in that the lawyer that I did get to speak with me was not the first law office that I contacted. I had originally started my search by researching law firms that specialize in employment law, via internet searches including sites like lawyers.com.

The first office I called, which per internet search seemed to be the one most qualified in possibly representing cases like this, told me that they were no longer practicing employment law. When I verified who I was calling, and said I’m looking at your site right now and it says you specialize in employment law, the lady said yes but that needs to be updated.

The second office I called said we are no longer taking cases of that type. When I asked if they had anyone they could recommend, they said no but I might contact the local Bar Association, and abruptly hung up. Obviously at this point I wasn’t feeling great about finding reliable legal counsel.

It was only the third office where I actually got any information, which I detailed in my post. Based on that information, I believe it is likely the “employment law firms” I originally contacted are all booked representing companies, not employees. This lawyer did say he would be willing to represent someone like me, but again only after I had been fired, and only if I provided a $25k retainer.

Other people may have different experiences, which Is why I posted my experience, for discussion and comparison. Hopefully others are seeking legal advice, but we’re not hearing much if they are. And while Freepers with medical professions have been outspoken on this subject, either we don’t have any lawyers on board, or they don’t want to share their thoughts. Hopefully that changes soon, and am doing all I can to foster those discussions.

[David Chase]

This is good.

This is true Americanism.

I’ve been hoping to see how court cases go in this fight, but this is far more quicker and impacts Companies directly.

Now that there’s one, there will be more.

[grey_whiskers]

[grey_whiskers]

Thank you Jane.

Imma gonna go all Tarzan on this one!

[Jane Long]

What about the FL attorney/s, who had success for the HCWs ....

Attorney Behind Defeat of Local Vaccine Mandate in Florida Gathering National Lawyer Group
epoch times ^ | 30 September A.D. 2021 | Nanette Holt
Posted on 9/29/2021, 11:44:20 PM by lightman

Florida attorney Jeff Childers gave up his for-profit clientele to represent a group of City of Gainesville employees facing termination due to their refusal to take the COVID-19 vaccines.

Now, after a major victory last week in his case representing the 250 Gainesville workers, and a June victory in an appeal in June to end the mask mandate in his county, attorneys across the country are turning to him for help with similar cases.

https://freerepublic.com/focus/f-news/3999306/posts