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

[grey_whiskers]

Why not give the employer a letter to sign making them responsible for any adverse effects of the shot. Watch them hem and haw.

If the manufacturers have so little confidence in their shots that they demand immunity

and the companies mandating the shot insist on immunity

they obviously don't believe it's safe.

So why should I?

[Golden Eagle]

Thank you very much for that info, which I will certainly look into. If we are going to be able to counter this, people are going to have to find like minded people and start banding together, as that article suggests.

Another example is someone created a new nationwide job search site called novax.jobs, but it is the only site like that I could find, and it had less than 10 jobs listed on it.

Thanks again, for all you’re doing here!

[Tucker39]

Earlier today there was here on FR a 96 second video by a well-spoken lady who called these jabs QUACCINES. I think that is the best description I’ve heard. However, the “quack” connotation implies that the vendors and enforcers of these jabs are merely ignorant or incompetent. If as I think, these jabs are DESIGNED and INTENDED to do us harm; then the “QUACCINES” tag is not nearly severe enough. I believe these so-called vaccines are designed as slow motion death potions!

[Skooz]

Bfl

[SkyDancer]

I’ve watched several virologists on the Joni show who just blew away everything on these fake vaxxes; pure poison, contains fetal tissue and other garbage. When tested on some dogs they all died. And what’s this that some “politicians” are exempt from having to take the jab and other government employees do including our military? China is out to destroy the US with their virus.

[firebrand]

ping for later

[PistolPaknMama]

Neither bill addresses a private corporation requiring its employees to be vaccinated.

[luvie]

To me, it sounded like the Senate bill addressed private businesses. But I’m not a legal scholar.

[Nifster]

Great post. Thanks

[grey_whiskers]

I’ve watched several virologists on the Joni show who just blew away everything on these fake vaxxes; pure poison, contains fetal tissue and other garbage. When tested on some dogs they all died. And what’s this that some “politicians” are exempt from having to take the jab and other government employees do including our military? China is out to destroy the US with their virus.

Post A LINK!!!!

[higgmeister]

LOL   The resist chant is "OHM"

[higgmeister]

Your claim could morf some if widespread vaccine injury becomes undeniable, but we are not there yet.

So it's a Catch 22, you may have a valid case but you probably would have to be dead.

[SkyDancer]

Joni Lamb has her TV round table on Hillsong channel; or you might see if she has Youtube video’s on it. They are totally fascinating - blows Fouci and his minions right out of the water.

[SomeCallMeTim]

I’m no lawyer, but.... I think the BEST defense ANYONE has to keep their job and not take a Vax is: To claim NATURAL IMMUNITY.

The US is unreasonably ignoring the relative equivalence of NATURAL IMMUNITY.... The rest of the world recognizes it. The US does not. There is ZERO scientific evidence to claim vaccine immunity is better. There is a TON of evidence that shows NATURAL IMMUNITY is better.

If I were planning a case in court, this is the ONLY path that I think has a chance of winning. It has a chance because, it has TRUTH at its back.

[tuffydoodle]

“As for STDs, control yourself and don’t be controlled by you genitals first … it’s big step in the right direction.”

LOL great comeback.

[ctdonath2]

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

Well, “do X or get fired” is pretty much harassment when the point of compelling an invasive irreversible medical procedure is for a bureaucrat to check a box (had Covid, have antibodies, at best vaccine will do nothing and at worst could kill me).

Nonetheless, here I am in line for J&J so I can continue putting food on the table. Not the hill I want to die on.

[Lazamataz]

You could easily get a religious exemption. Look closely at the guidelines, it explains all.

[ctdonath2]

Were Trump (who cut the red tape to get vaccines out ASAP) still President, and were the Left opposing Covid vaccinations (because orange man bad), would y’all get the jab or not?

[Pajamajan]

Thank you for posting this.

[kosciusko51]

For me, no, at least not until the long-term effects were known, and also not linked in any way to fetal cells.