by Corey Lynn, Corey’s Digs:
The question of the day: is it legal for companies and universities to be bribing, incentivizing, and downright threatening termination if someone doesn’t get the Covid-19 vaccine? Pushing the envelope doesn’t even begin to portray how these bought and paid for agencies are undermining our constitutional rights, skirting the law, and passing the buck to big corp.
First, the Covid vaccines weren’t going to be mandatory. In fact, they are not even approved or licensed by the FDA, and are technically “investigational” with an emergency use authorization (EUA). Not only are they forcing these experimental vaccines on students, employees, and civilians if they want to keep their job or be a part of society, they are bribing and incentivizing you to get one. Step right up for your free vaccine and get a free sugary donut, $100 gift card, paid time off work, tickets to an NBA game, or enter a raffle to win cash prizes, and by the way… if you don’t get one by July 1st, you are fired!
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Getting to The Bottom of It
This is the nutshell version of this mixed soup they have created, with the more detailed and critical information documented below. This breaks down who has the authority to do what, and what laws are in place or not in place. This entire report is a must read, plus there are tips on what you can do at the end.
• The federal government cannot mandate these vaccines.
• The court has never ruled on the federal government’s authority to mandate a vaccine. The only law in place is that the federal government has the ability to mandate vaccines to members of the military.
• No state has mandated a Covid vaccine to date, but some are considering legislation that would prohibit employers from mandating vaccination. All states have the ability to prohibit vaccine mandates as a condition of employment. Here is a full list of the status of legislation in each state, as of March 5, 2021. Some of these might surprise you – a lot of states are fighting to prohibit it. Be sure to review the details of the bills and make sure it’s not limited to an EUA vaccine. Contact your legislatures and stay on top of it.
• Whereby states have mandated vaccines in schools in the past, they have not mandated vaccines for adults, with exception of the healthcare industry, nor have any states mandated the Covid-19 vaccination thus far, yet some schools and universities are taking it upon themselves to mandate it.
• Dr. Amanda Cohn, Executive Secretary of the CDC’s Advisory Committee on Immunization Practices who has been with the CDC for 16 years, reminded everyone that “under an EUA, vaccines are not allowed to be mandatory. Therefore, early in the vaccination phase individuals will have to be consented and cannot be mandated to be vaccinated.”
• The EUA was created after September 11, and there has never been a legislative action to make EUAs mandatory. Only licensed vaccines have been made mandatory by legislation.
• Some employers are mandating Covid vaccinations, despite the fact these are not approved or licensed by the FDA, and are EUAs. Therefore, states need to take charge, people need to step up, and lawyers need to get involved.
• Despite all of this, the CDC has created an entire playbook for companies to be “vaccine champions,” instructing them on how to incentivize their employees and do vaccinations right in the workspace where everyone may be able to see who is getting vaccinated and who isn’t, potentially breaking HIPAA privacy laws. They include that an employer should implement stickers, posters, and signs everywhere, along with emails and confidence building to really hammer the message home. They even created a toolkit! Whereas, further down, they do mention providing employees with information on side effects, they do not state the FDA’s requirement (see below) on these EUAs. Instead, they have an entirely separate page that is not linked to the playbook. The CDC states that “The Food and Drug Administration (FDA) does not mandate vaccination. However, whether a state, local government, or employer, for example, may require or mandate COVID-19 vaccination is a matter of state or other applicable law.” (There is no other “applicable law.”)
• The FDA requires that all recipients of the vaccine be given the fact sheets from the manufacturers of the vaccines, and that on promotional material it be referred to as an “investigational vaccine” that has not been approved or licensed by the FDA and is for emergency use authorization. The CDC does not reiterate this as a “requirement” when playing the role of the drug pusher to companies, nor are companies using this language on their promotional material to incentivize their employees. In fact, some employers aren’t sharing any information aside from the bonus an employee would receive if they get vaccinated.
• The FDA could not get an EUA under standard protocol, so HHS stepped in and created a declaration to make it happen. It can only be done if there are no “adequate, approved, or available alternatives” of treatment. There was, and they shot it down to push the vaccines through. However, in October 2020 Veklury (remdesivir) became the first FDA approved treatment, two months prior to the vaccines being distributed, yet they still hold their EUA status.
• According to 21 U.S. Code § 360bbb-3, an individual has “the option to accept or refuse administration of the product, of the consequences, if any, refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.” In other words, you can refuse it, but rest assured they left a broad opening for consequences. What kind of “consequences” might they be referring to? It doesn’t say. Does this mean consequences from getting sick, or does it open the doors for getting fired, or not being allowed into society as well?
• The Equal Employment Opportunity Commission (EEOC) decided on December 16, 2020 that companies can mandate their employees be vaccinated, with exception of medical or religious exemptions, but neglect to address the fact that no legislation allows for an EUA vaccine to be mandated. They also make room for potentially firing or allowing an employee to work remotely under the ADA due to the “direct threat” clause. The EEOC makes it clear that any incentives offered to those who get vaccinated, must also be given to those who cannot get vaccinated due to medical or religious exemptions.
• Companies all across the country are being pushed to incentivize and bribe their employees into getting vaccinated. Many have not YET mandated it, but some are threatening termination if employees do not get vaccinated by specific dates they set. They are not using the language described and required by the FDA, and some are not even providing their employees with all of the fact sheets and information they are required to provide.
• This is a perfect cocktail for the Federal Trade Commission (FTC), who spends all of their time on tracking “deceptive” promotional advertising that directly misleads or leaves out information that a person needs to make an educated decision, and one of the biggest areas they focus on, is health. The CDC is leaving out pertinent health information while telling companies to “build confidence and champion vaccines” and “incentivize” pushing the product. And let’s not forget the kickback the CDC Foundation gets from Bill Gates and big pharma, which is a direct conflict of interest. Some employers are bribing their employees with misleading information, suggesting the product is totally “safe,” and not providing critical health information. Most importantly, they are referring to it as a “vaccine” as opposed to an “unapproved and unlicensed investigational vaccine with an emergency use authorization” which is required by the FDA on ALL promotional material. THIS is the single most critical statement of all. The FTC has gone after companies for far less, such as having to change the name of “organic bamboo” to “rayon from bamboo” because it is otherwise misleading, according to the FTC.