Quote:
Originally Posted by pokeraz
Or an overblown coincidence.
Overblown is something you can believe, that's subjective. Coincidence is not possible. Blood clots accompanied by extremely low platelet counts is just not something that happens and it causes the normal treatment to be dangerous. This may turn to be extremely rare and it may turn out to require other compounding factors like birth control as Howard suggested, but it isn't a coincidence.
Quote:
Originally Posted by JoeC2012
OK fair, I didn't think of the ADA angle. I would be interested in case law around kids being required to have vaccines to attend *public* schools (which should have a much higher burden for denying people than the Buffalo Bills do).
If the difference between this and that is "but these vaccines are new and unproven", oh man, I do not feel great about random circuit judges playing scientist.
Our firm* has handled a number of cases where employees were required to get the flu shot in order to keep their job and had a medical reason not to get the vaccine and we successfully protected their job using the ADA. We have already had one case where a nurse was being threatened with termination because she could not get the COVID vax and it was resolved via phone call to their counsel. It is quite clear that in general if you have a medical reason not to get the shot, you will be protected by the ADA with regard to your employment.
In terms of public accommodations (the rule that requires handicap ramps and so on at public businesses), it is less clear. We don't do those kind of cases, but the ADA provides:
Quote:
III-3.8000 Direct threat. A public accommodation may exclude an individual with a disability from participation in an activity, if that individual's participation would result in a direct threat to the health or safety of others.
which may permit a refusal to accommodate unvaccinated customers access to public spaces, especially crowded facilities. Its not black and white and probably will generate a lot of billable hours for someone to figure out.
* To be clear, I'm not a lawyer. I married one and work at her practice as part of my retirement. I'm no kind of expert.