[CedarDave]

From the article:

The federal Centers for Disease Control and Prevention’s advisory committee on immunization practices stated last summer in public session that vaccines under emergency use authorizations may not be mandated.

It would seem Legareta has a good case especially if he is fired.

[CedarDave]

Link to the story in the Daily Mail:

First US lawsuit filed over mandatory COVID vaccinations: New Mexico detention center worker SUES his employer after being told he'd be fired for refusing inoculation

[CedarDave]

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[wjcsux]

Dona Ana County is really quite a mixed bag. The SE part of the county is somewhat conservative, the area around Las Cruces is pretty liberal.

[pigsmith]

bfl

[AZJeep]

The Covid vaccine literature, clearly states that there is NO approved vaccine. They are on emergency approval only. The vaccines are not fully tested and they are not accepting responsibility.
As such, People should be given an option. I cannot see anybody being forced to take it at this stage!

[blueplum]

EEOC vs CDC

True, you cannot mandate an ‘emergency use’ vaccine. Also true, if first-responders aren’t mandated, there is no reason to prioritize their vaccinations over any one else.

This individual is a first-responder who deals with the public at large. Which creates a liability issue against that facility should it fail to “maintain a safe workspace’. How would a jurist feel if this were a nursing home worker? or a ICU nurse? or a neonatal unit tech? Probably not the same as a grocery clerk.

True also: In this case the responsibility to the many may override the claimed privilege of the one to carry on restriction free.

I don’t see a problem with reasonable accommodation that limits public contact. Mandate bi-weekly testing at employee expense. And transfer that individual to a limited contact position, like the evidence closet, especially until the rest of the employees are fully vaccinated. If he wants to be a cultural hero, he can be one counting manila envelopes.

Document in their file that it’s the opinion of the agency that the behavior is reckless towards the health of those he is in contact with as a first-responder, and the employee has been counseled on the same. And, have employee sign a waiver that indemnifies the employer from ‘failure to maintain a safe workplace’ should the employee be sued, or should the employee get sick and die, and his relatives pop up claiming payout because that employer didn’t do enough to coerce their deceased relative.

We pay first responders more, because we expect more from them. It’s not unreasonable to expect them to be vaccinated after being schooled they are more ‘essential’ in society than our elderly and infirm.