11 Comments
Nov 27, 2022·edited Nov 27, 2022

YAY! Another win!

But I think, also, that having 'shown or demonstrated a willingness to test' as a reasonable accommodation for a religious exemption as a necessity for strengthening or winning these cases is BOGUS. Here's why...

1) Testing a healthy non-symptomatic person is both ill-advised by the CDC and, in the absence of a clinical evaluation, NOT an indication of infection NOR infectiousness. Therefore, testing is JUST another means of unethical and illegal COERCION. ( ORC 2905.12 )

2) Testing ONLY the un-jabbed, in light of the facts in (1) above, is JUST another means of unethical and illegal DISCRIMINATION. (Title 7 of the Civil Rights Act of 1964 - Section 2000e-2)

These are the only reasonable accommodations, in the presence of a religious exemption to an injection mandate, that I can think of (please add to this list):

A) If I begin to feel sick or I am symptomatic, I will take sick leave and/or work remotely.

B) A positive antibody test.

C) Work remotely or during 'off' hours.

NOTE: The known science of natural immunity, to specific coronavirus variants developed after exposure and infection, has been and continues to be well established, long before March of 2020.

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Nov 27, 2022·edited Nov 28, 2022

Also note, that my personal belief does not require, as a means of 'validation', your understanding of it, your approval of it, acceptance by some nebulous group of people or any organization, or agreement by or from any nebulous or ambiguous 'authority figure.'

Hence the meaning of the sentence: MY PERSONAL BELIEF!

In addition, the recipient of the statement of my personal belief, is hereby notified that the 'sincerity' of my personal belief is solely and adequately established by the fact that I have notified you of my statement of personal belief, which demonstrates that the belief is genuine and strong enough such that I am willing to open myself up to your harsh and unqualified criticisms of my personal belief.

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author

I agree but clients are free to choose how to respond to the employer. Most would like to keep the job and will do what they can to meet the employer halfway. Each person has a different place for the line in the sand. They all showed tremendous courage wherever they decided to draw and enforce it.

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I totally agree. What I posted is all just post-mandate bluster and stress relief. It's easier said than done. I got pushed to the brink, but did not have to pull the trigger because the company wisely relented. I posted it also just to test my thoughts and give others ideas. Keep up your FANTASTIC WORK!!!

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I think the offer by the employee to do a daily or weekly covid test and any other measures like masking shows that the employee was willing to compromise and still wanted to work.

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Nov 27, 2022·edited Nov 27, 2022

Agreed. Sufficient, but not necessary, to demonstrate willingness to work. But both known to be scientifically bogus and tantamount to voo-doo and superstition.

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Very well done. Thank you.

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Still unemployed and being told by recruiters that employers are telling them "Don't even send the resume if they aren't vaccinated", even WITH a medical exemption! How is THAT even LEGAL?! An I am a healthcare worker, and the employers are the WORST BULLIES ANYWHERE! SanctiMONIOUS bullies!

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Thanks again for your work on this, it continues to matter into 2023 so much...best from Oregon

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This is for Warner Mendenhall, is there any way you can furnish the name of this claimant or could I provide my attorneys phone number? He is looking for cases to support a lawsuit in Washington State. Thank you.

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author

I would be happy to speak with your attorney. Most of my clients are pretty open with their information. I can check. warner@warnermendenhall.com

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