The mandates and/or (Presidential) EO's violate the Rehabilitation Act and when the employers follow it, it violaes TItle I, because it regards the subject as disabled, and requires an accommodation of #ClotShot and/or testing, both of which are under EUA.
The Governor Murphy EO violates ADA because it also regards the populace as disabled, and uses the prohibited acts in Title II of the ADA, 28 CFR §35.134(b) to enforce the EO and forced accommodation.
Dana Wefer: New Jersey Covid Litigator
There are many EEOC guidance issues that are being breached by the employee mandates.
The mandates and/or (Presidential) EO's violate the Rehabilitation Act and when the employers follow it, it violaes TItle I, because it regards the subject as disabled, and requires an accommodation of #ClotShot and/or testing, both of which are under EUA.
The Governor Murphy EO violates ADA because it also regards the populace as disabled, and uses the prohibited acts in Title II of the ADA, 28 CFR §35.134(b) to enforce the EO and forced accommodation.
I'd love to talk.