Madison Area Lyme Support Group

Katie Kern, R.N., was a front-line nurse during the COVID crisis in 2020. She did not ask to be called a hero, but her personal sacrifice and dedication to her patients earned her that consideration. In 2021 Katie went from hero to zero in the eyes of her employer, Henry Ford Health System. Choking back tears and trembling as she recalled the incident, Katie reports, “In June 2021, I received an email from Henry Ford threatening termination of employment … for non-compliance with their Covid vaccine mandate.” This ultimatum was delivered after months of oppressive bullying, threats, and suspensions. 

American workers, or at least those who continued working through the pandemic, are by the thousands and perhaps millions now being faced with the same dramatic quandary: Do I take the COVID vaccination or lose my job? This situation is made even more unfair as your employer would incur no liability in the event of vaccine injury, nor do they even have to report the injury. As stated on the OSHA website:

“OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022.”

Federal law, and in most jurisdictions, state law, has an effective mechanism to allow you to both refuse the COVID vaccine and keep your job. But there are critical steps that you must follow, and time is of the essence in following them. Moreover, strict adherence to appropriate process and procedure of documentation is essential.

Steps to Follow

1. First, don’t quit or abandon your post.
2. Second, put your refusal to get the jab in writing and submit it to your employer. Include the reason for your refusal. Be precise.
3. Third, keep a copy of your documentation, including the method and date of your submittal.
4. Fourth, understand the deadlines associated the process, from submitting your refusal to responding to a denial.

In every instance seeking local legal counsel for specific advice on the application of the law to your facts is recommended, especially if the consequences of these matters impact your ability to provide for your family.

Federal law applies in all 50 states and every American territory and possession.  Title VII of the Civil Rights Act and Title I of the Americans with Disabilities Act requires employers to make reasonable accommodations for 1) sincerely held religious beliefs and 2) medical exemptions. This legal process applies without regard to whether the Covid vaccination is subject to an Emergency Use Authorization (EUA) or full approval by the Food and Drug Administration.  (See link for article)

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**Comment**

**UPDATE, Sept. 3, 2021**

In this informative video put out by Stand for Health Freedom, exemptions are discussed with civil rights attorney Brian Festa. He states medical exemptions are very difficult to obtain and very limited.  Cases are reviewed every 90 days which means if and when health status improves, you will be forced to get the “vaccine” or quit your job. He lists cases where a person was in obvious bad health but was still forced to get the jab to keep their job or stay in college.  He states religious exemptions are much easier to obtain and uphold.  He recommends keeping your letter short and sweet, remembering that anything you say can and will be used against you. 

Summary of top article:

• Sincerely held religious belief need only be yours alone. There is no requirement that the belief be generally accepted theological dogma.  The author recommends staying on point and focus on personal beliefs, not vaccine safety.
• Written documentation specifically using the key words, “sincerely held religious belief” is crucial.  Keep copies or take photos if you can not get a written copy.  Secure these documents in a safe, readily accessible place, but not at your workplace.  
• Make sure to fill out any employer requested documents with precision. Attach an addendum if you need more space. Don’t let a technicality invalidate your efforts.  Be early regarding deadlines.
• Liberty Counsel has many template letter options for different faiths: Christian, Jewish, Greek Orthodox, and Russian Orthodox. There is also a letter specifically for students that is geared to educational institutions. You can also write your own.  It need not be lengthy as long as you include the key words, “sincerely held religious belief.
• It is not lawful for your employer to demand a letter from a religious leader or any other documentation proving your place of worship has a long-standing history of teaching against vaccines; however if you can readily obtain a simple letter – the path of least resistance and over documentation will not hurt you.
• The military may also utilize religious belief exemptions. Again, pay close attention to detail and fill out all required required documents. Noncompliance may adversely impact deployment, assignment, international travel, and the exemption may be revoked under imminent risk conditions.
• Title VII of the Civil Rights Act of 1964 does not apply to colleges and universities as to their student bodies. Therefore, private (as opposed to public) colleges and universities need not, as a matter of federal law, grant religious exemptions. However, each state has different requirements. 
• Regarding medical exemptions, you will need documentation signed by a medical professional. The most robust and defensible documentation will indicate that you have a medical condition that is listed as a known potential hazard related to the Covid vaccine. Some common conditions listed by the Centers for Disease Control (CDC).  Some examples:
  • weakened immune systems
  • autoimmune conditions
  • cancer
  • chronic lung diseases, including COPD, asthma, interstitial lung disease, cystic fibrosis, and pulmonary hypertension
  • dementia
  • other neurological conditions
  • diabetes (type 1 or type 2)
  • heart conditions
  • liver disease
  • overweight or obesity
  • pregnancy
  • history of smoking either in the past or currently, to name just a few
  • this article delves into the fact the contraindication list is very short for most vaccines – in other words you can be very sick and still be considered a vaccine candidate.  This is reiterated with civil rights attorney Brian Festa.
• Both public and private colleges and universities are subject to the requirements of the Americans with Disabilities Act (ADA) and/or its sister statute the Rehabilitation Act of 1973.
• Shop around for a medical professional if your current doctor will not supply documentation.  Doctors have differences of opinions. You need not disclose that a different doctor declined to write a letter for you.
• Members of the Armed Forces may also consider a medical exemption. Personnel separating or retiring from the Army within 180 days are exempt from mandatory vaccines if they contact their commanders, produce an approved separation or retirement order, and request exemption; however, again, exceptions may exist to this policy.
• You may file both a religious exemption and a medical exemption.  Again, over-documentation can not hurt you.
• If your request is denied you have options but you must act quickly as you generally only have between 45-180 days to file a complaint.  If you don’t you may be barred from filing any legal action to enforce your rights. You must file a Complaint with the Equal Employment Opportunity Commission (EEOC) at https://EEOC.gov.
• Complaints may also be filed if the accommodation to your exemption is improper or not reasonable.  This analysis may be very fact intensive and if you feel that you are being treated unfairly you should seek legal counsel immediately.
• “John Galt” Option: convincing others to threaten to quit may get an employer to relent but it’s a high-risk proposition so carefully consider the consequences.
• The author doesn’t recommend public demonstrations, as peaceful protests can be made to look violent. TV crews and reporters hope to find strife and faction. Anarchy or any form of public disorder creates an excuse for government to exercise force, make more laws, and create more government. All it takes is one or two people planted in the crowd to provide violence or ill manners that can be used against the group.
• The author states that the same effort to do a demonstration should be redirected on the statehouse to advocate for legislation like Michigan HB 4667 to prohibit government and businesses from mandating COVID vaccines.

https://americasfrontlinedoctors.org/legal/vaccines-the-law/

The law is clear. An experimental vaccine cannot be mandated. We want you to be armed with resources to advocate for yourself and your loved ones. Here is a letter template to utilize related to your employer or school attempting to mandate the Covid-19 experimental vaccine candidates. Please edit the portion in red, specific to you, and distribute. Send to principals, superintendents, department of education officials, managers, corporate officers, etc. Put everyone on notice! Send on your own or unite with others’ signatures in support of your movement. Informed and united people are truly the greatest threat to tyranny!  (Videos within link.  A Yale student took on the administration and won)

Employees for Informed Consent: Based out of Washington State.

Pacific Justice Institute: Free resources for registering with an email address.

Liberty Counsel: LEGAL HELP FOR RELIGIOUS EXEMPTIONS FROM VACCINATIONS

National Vaccine Information Center: FAQ on religious exemptions – FAQ Employee Vaccine Exemptions

Professionals for Medical Informed Consent and Non-Discrimination (UK-based): Free exemption forms.