Medical Discrimination Based on Vaccination Status

I have read a post here in which it was proposed that being fired for being unvaccinated was wrongful termination due to medical discrimination. I remember wondering if this could be true, but hadn't looked into it, until now.

Just recently I received an email from work reminding employees about the January 4th vaccination deadline of the contested Biden executive order. I assume this is because of the EO requiring businesses with 100 or more employees to be fully vaccinated, however, regardless of what may happen in the courts, they are really gung-ho and determined to get the employees jabbed by Jan. 4th.

Given I will not get the Fauci Ouchie, the only other alternative is to submit to regular testing that I suspect will be at the expense of myself. If I allow the testing and have to pay, that is a severe hardship that my meager wages can't handle and I expect there to be more conditions like masks, face shields and gloves that my vaccinated fellow employees will likely not be required to have.

All that appears to me to be medical discrimination, but the laws are complex and based mostly on disabilities. From my cursory examination of the subject, proving medical discrimination based on vaccination status may be possible but unlikely.

Employers cannot medically discriminate against people who actually have medical conditions or against people they think have medical conditions.

Examples include:
Wrongful termination where an employer fires or demotes an employee based on their medical condition Employment discrimination where an employer refuses to hire somebody because they have a particular medical condition
Providing someone with different compensation or creating different privileges for those who don’t have a medical condition
Refusing to select an applicant to participate in training programs because of their disability

Employers are not allowed to medically discriminate in any area of the job, and then includes the hiring process. This means an employer cannot engage in any of the of the following activities:

Refuse to hire someone because that person has a medical condition or because the employer thinks they have one
Harass an employee in the workplace because of a medical condition or perceived condition
Reduce a employee’s compensation because of a medical condition or perceived condition
Refuse to give a reasonable accommodation because of a medical condition or perceived condition
Force an employee to quit because of a medical condition or perceived condition
Deny an employee benefits because of a medical condition or perceived condition
Deny an employee any workplace promotions because of a medical condition or perceived condition
Deny an employee’s reinstatement because of a medical condition or perceived condition
Demote an employee because of a medical condition or perceived condition

The possible examples of medical discrimination based on vaccination status are in bold text in the list above. These include; wrongful termination, creating different privileges, harassing an employee in the workplace, and force an employee to quit because of a medical condition or perceived condition.

The article goes on to give advice if you think you have a case for medical discrimination.

If you feel that you have been discriminated against because of a medical condition, you might be able to pursue a medical discrimination case with the help of an attorney.

Because there are so many exceptions to these rules, it is important that you build a compelling case by taking the following steps:

Keep exact records of the discrimination, which may take place on more than one occasion. This includes the names of those who have discriminated against you, phone numbers, witnesses, and records associated with that discrimination. For example, any HR records if applicable.

File a formal complaint with your company. Even if you were discriminated against during the recruitment or interview process, you can still submit a formal complaint with the company in question. A formal complaint provides an official account of the discrimination that transpired and what happened after the fact to rectify the situation, if anything. Should you decide to pursue a medical discrimination case, having official records of each event can help you and your attorney build a more substantial case.

Reach out to qualified medical discrimination lawyers. A medical discrimination attorney will know how to prepare for such a case, what additional documentation you might want to gather, and they can tell you what to expect next.

lawrina.com...

Here is a link to another ATS thread from May concerning vaccine passports in California that touches on this subject.

www.abovetopsecret.com...

And one from a thread on a case in Canada.

www.abovetopsecret.com...
vancouver.citynews.ca...

Dealing with this problem as well, recently (2 days ago) company sent out notice that everyone needed to get the jab by the 19th of jan. Sad part to it is that we work from home and have basically been isolated ever since the pandemic and they are still saying its required. We are pretty worried because of the children and insurance, we will see where things go, but will never get the Devils jab.

a reply to: MichiganSwampBuck

Without a doubt, it is medical discrimination.
It’s also an illegal and unconstitutional mandate for a fake vaccine.
Double kick in the ballz.

a reply to: MichiganSwampBuck
If we wait until the Amish start circling their wagons over the efficacy of ivermectin, it'll be too late.

Demand ivermectin as an informed second opinion! We are their customer, not their subject in a medical experiment.

If it takes a needle jab to convince us we are sick, we must be brain dead automatons already.

🙏❤
Bacterial infections are caused by bacteria, antibiotics are used to treat bacterial infections.
Viral infections are caused by parasites, antiparasitics are not being used to treat viral infections, why?

The jig is up!

Some additional links to consider.

Still, if organizations are not knowledgeable or careful with how they structure these changes within their policies, they could enforce discriminatory policies and put themselves at risk for lawsuits. These risks can come from not being aware of local and federal vaccination laws, not being aware of legally protected reasons allowing employees to stay unvaccinated, not having policies to protect confidentiality regarding vaccination status at work, and treating employees differently based on vaccination status.

www.hrexchangenetwork.com...

Generally speaking, making employment decisions based on vaccination status is legally permissible, except potentially where an employee or applicant cannot be vaccinated due to a disability or a religious belief and seeks an accommodation as a result. For example, guidance put out by the U.S. Equal Employment Opportunity Commission states that employees who have not been vaccinated due to a disability or religious based objection cannot be excluded from the workplace without due consideration being given to an accommodation request and an individualized assessment being made.

Making employment decisions based on vaccination status is generally permissible because vaccination status, in and of itself, is not a protected classification under federal or state law. However, some states are trying to change this. About one-third of all of the U.S. states have proposed legislation that would make discrimination based on vaccination status illegal. For example, legislators in Alabama, Connecticut, Kansas, Oklahoma, South Carolina and Tennessee have introduced bills that would prevent employers from taking adverse action against employees who choose not to be vaccinated.

www.law360.com...

The following link is to a bill introduced in Colorado.

leg.colorado.gov...

a reply to: MichiganSwampBuck

Wish i could help you out, but i have no clue about these new rules because i have not paid them any attention as i am self employed, but i would think that whatever people do, they should not quit, but make the employer fire them, then at least there is a chance the cases will go to courts.

Good luck.

I hope they fire me.

They tried to force me to comply.

I swear to God. If they fire me we are going to court.

I have about had it.

No taking the poison period.

Tired of being singled out.

I've been thinking that the best route to take is religious exemption and I have a good argument based on New Testament passages. The only other route is a doctor's determination that the vaccine is a health risk for you. As suggested, if you want to dispute this they must fire you, something you need in writing.

I think that I should begin to work on the religious exemption angle first and follow-up with discrimination for the testing and any other requirements.

originally posted by: whyamIhere
I hope they fire me.

They tried to force me to comply.

I swear to God. If they fire me we are going to court.

I have about had it.

No taking the poison period.

Tired of being singled out.

That’s the key, do not quit.
Let them fire you illegally for not submitting to the illegal mandate.

a reply to: MichiganSwampBuck

That Lawrina website you referenced discusses all the different types of medical discrimination that are prohibited based on a person’s medical condition. However, the common legal definition of “medical condition” is:

“…a disease, illness, injury, genetic or congenital defect, pregnancy, or a biological or psychological condition that lies outside the range of normal, age-appropriate human variation.”

www.lawinsider.com...

It would seem that being unvaccinated is not a “medical condition”.

originally posted by: 1947boomer
a reply to: MichiganSwampBuck

That Lawrina website you referenced discusses all the different types of medical discrimination that are prohibited based on a person’s medical condition. However, the common legal definition of “medical condition” is:

“…a disease, illness, injury, genetic or congenital defect, pregnancy, or a biological or psychological condition that lies outside the range of normal, age-appropriate human variation.”

www.lawinsider.com...

It would seem that being unvaccinated is not a “medical condition”.

That is certainly a technically correct (but myopic) interpretation of the law.

Logically, does it make sense to not permit discrimination against those with communicable diseases, BUT, sanction discrimination against healthy individuals that refuse to undergo a medical treatment that, with the emergence of new variants, doesn't really arrest contraction or spread of the virus?

I am hopeful that we will see these laws adapted to account for the illogical thinking our politicians seem to be suffering from. It makes no sense to me that disclosure of affliction with a communicable disease is protected by privacy laws, but vaccine status is not. Everybody should have a choice to vaccinate or not vaccinate, and if someone suffering from HIV has a right to medical privacy, then it follows that people's COVID vaccination status should be kept private as well.

originally posted by: 1947boomer
a reply to: MichiganSwampBuck

That Lawrina website you referenced discusses all the different types of medical discrimination that are prohibited based on a person’s medical condition. However, the common legal definition of “medical condition” is:

“…a disease, illness, injury, genetic or congenital defect, pregnancy, or a biological or psychological condition that lies outside the range of normal, age-appropriate human variation.”

www.lawinsider.com...

It would seem that being unvaccinated is not a “medical condition”.

That is a major hurtle and important point.
Some states are proposing bills to include vaccination status and fighting the EO in court. Those things can be useful for any such case if it is pursued. What is needed is a way to prove vaccination status is the basis of discrimination and set precedence.

a reply to: 1947boomer
Pharmacophobia thats the route I would take

a reply to: MichiganSwampBuck

Can't blame the companies...if their insurance raise coverage costs. And they can. And they are.

Companies don't need a reason. All they need is their own: wacked, stacked, smacked: doesn't matter.

No shoes? No service? No shirt? No service? No cell phones? No service? No vax?..No being in anyplace, anywhere with...or without?

Company rules. However crazy.