Legal Opinion: Federal Law Prohibits Employers From Requiring a COVID-19 Vaccine

Edward Hendrie

Aaron Siri is the Managing Partner of Siri & Glimstad LLP.

He has published a legal opinion that “federal law prohibits employers and others from requiring vaccination with a Covid-19 vaccine distributed under an EUA.”

Below is Mr. Siri’s legal opinion as published in STAT:

Ever since the Food and Drug Administration granted emergency use authorization for two new vaccines, employers, schools, and other organizations are grappling with whether to require Covid-19 vaccination.

While organizations are certainly free to encourage their employees, students, and other members to be vaccinated, federal law provides that, at least until the vaccine is licensed, individuals must have the option to accept or decline to be vaccinated.

Knowing what an organization can or cannot do with respect to Covid-19 vaccines can help them keep their employees, students, and members safe and also save the them from costly and time-consuming litigation.

Much remains unknown about the safety and efficacy of the vaccine

Even though the FDA granted emergency use authorizations for the Pfizer/BioNTech and Moderna vaccines in December 2020, the clinical trials the FDA will rely upon to ultimately decide whether to license these vaccines are still underway and are designed to last for approximately two years to collect adequate data to establish if these vaccines are safe and effective enough for the FDA to license.

The abbreviated timelines for the emergency use applications and authorizations means there is much the FDA does not know about these products even as it authorizes them for emergency use, including their effectiveness against asymptomatic infection, death, and transmission of SARS-CoV-2, the virus that causes the disease.

Given the uncertainty about the two vaccines, their EUAs are explicit that each is “an investigational vaccine not licensed for any indication” and require that all “promotional material relating to the Covid-19 Vaccine clearly and conspicuously … state that this product has not been approved or licensed by the FDA, but has been authorized for emergency use by FDA” (emphasis added).

EUAs are clear: Getting these vaccines is voluntary

The same section of the Federal Food, Drug, and Cosmetic Act that authorizes the FDA to grant emergency use authorization also requires the secretary of Health and Human Services to “ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product.”

Likewise, the FDA’s guidance on emergency use authorization of medical products requires the FDA to “ensure that recipients are informed to the extent practicable given the applicable circumstances … That they have the option to accept or refuse the EUA product …”

In the same vein, when Dr. Amanda Cohn, the executive secretary of the CDC’s Advisory Committee on Immunization Practices, was asked if Covid-19 vaccination can be required, she responded that under an EUA, “vaccines are not allowed to be mandatory. So, early in this vaccination phase, individuals will have to be consented and they won’t be able to be mandatory.” Cohn later affirmed that this prohibition on requiring the vaccines applies to organizations, including hospitals.

The EUAs for both the Pfizer/BioNTech and Moderna vaccines require facts sheets to be given to vaccination providers and recipients. These fact sheets make clear that getting the vaccine is optional. For example, the one for recipients states that, “It is your choice to receive or not receive the Covid-19 Vaccine,” and if “you decide to not receive it, it will not change your standard of medical care.”

What this means in practice

When the FDA grants emergency use authorization for a vaccine, many questions about the product cannot be answered. Given the open questions, when Congress granted the authority to issue EUAs, it chose to require that every individual should be allowed to decide for himself or herself whether or not to receive an EUA product. The FDA and CDC apparently consider this fundamental requirement of choice important enough that even during the height of the Covid-19 pandemic they reinforced that policy decision when issuing their guidance related to the Covid-19 vaccines.

 

This means that an organization will likely be at odds with federal law if it requires its employees, students or other members to get a Covid-19 vaccine that is being distributed under emergency use authorization.

State law often prohibits retaliating against an employee for refusing to participate in a violation of federal law. Organizations that require Covid-19 vaccination in violation of federal law may face lawsuits under these state laws not only to block the policy but also for damages and attorneys’ fees. Such potentially costly lawsuits can be avoided by refraining from adopting policies that require vaccination or penalize members for choosing not to be vaccinated.

Organizations are free to encourage vaccinations through internal communications, through educational events, and through other measures to urge employees to be vaccinated. They can take these measures so long as: (1) they are not viewed as coercive, (2) the organization makes clear the decision regarding whether to receive the vaccine is voluntary, and (3) the measures comply with the requirements in the EUAs and the related regulations for these products.

People across the world have had their lives upended during the last year. The urgency to return to normalcy is felt deeply by many. As decision-makers at organizations decide on their Covid-19 vaccination policy, they should be careful to not let this passion lead the organization to run afoul of the law.

Aaron Siri is the managing partner at Siri & Glimstad LLP, a complex civil litigation firm with its principal office in New York City. This article is not intended to provide legal advice but to offer broad and general information about the law.



Brown University Has Violated the Nuremberg Code, State Law, and Federal Law by Mandating Students Get Experimental COVID-19 Vaccinations

The COVID-19 Vaccine Manufacturers Are Violating Federal Law By Concealing the Known Dangers From Vaccine Recipients

The Los Angeles School Superintendent Violated the Nuremberg Code and Federal Law by Ordering Teachers to Receive an Experimental COVID-19 Vaccination

The COVID-19 Vaccine Program Violates the Nuremberg Code and the U.S. Informed Consent Laws

How the CDC and Mainstream Media are Covering Up the Deaths and Serious Injuries Caused by the COVID-19 Vaccines

The Experimental Vaccines Do NOT Prevent COVID-19 and So They are Changing the Effectiveness Criterion

The FDA and the Vaccine Makers Admit That They Do Not Know If the Experimental Covid-19 Vaccines Are Safe or Effective

Insurance Pays Pediatricians a Bounty for Every Fully Vaccinated Child

Please follow and like us:

24 thoughts on “Legal Opinion: Federal Law Prohibits Employers From Requiring a COVID-19 Vaccine”

  1. A point: The only reason that they can issue an EUA on a medical product is because the claim is made that there is no other cure/treatment for the condition. That is untrue for this covid-19 ‘thing,’ and the vaxes should not have been allowed on the market – and especially not for the Pfizer and Moderna mRNA experimental genetic modifiers – and no one should really have the right to mandate them in order to be able to use their facilities. There are a no. of proven therapeutics for this thing: the HCQ cocktail (as both therapeutic and prophylactic/preventive); the Ivermectin cocktail; the Budesonide nebulizer; convalescent plasma; the Regeneron that Pres.Trump took to such quick recovery; a no. of immune system enhancers (esp. vitamins D3 & C and zinc). One should go to a naturopath, or an allopath who has expanded his/her training into the area of being a Complementary or Holistic medical practitioner. Big Pharma will be the death of us yet, if we let them. And do research on how to avoid ‘shedding’ from the vax: the Suramin extract, or the whole thing in pine needle tea. Bottom line: There are ways to get around these vipers who are trying to do us in, as part of their NWO agenda.

    moderated
    1. You state big pharma will be the death of us while recommended the snake oil from big pharma. To enhance health and immunity, people need to live in the garden and stop eating meat. The ‘vaccines’ come from the slaughterhouse anyway.

      moderated
      1. Talk to those who have been cured of malaria with HCQ.
        Sorry, truth is winning…..humans are carnivores….

  2. ….and you think you live in a sane society. Stop fooling yourself. It’s an asylum and the inmates are running the show….

    Attachment

    moderated
  3. The following are 7 videos from various sources cataloging the main stream propaganda using celebrities and other means to get you to take the jab. THIS is what we in the truth movement are up against. I have often said TV is killing us and now, it’s almost literal. This indicates the power the deep state has over those who entertain us and keep the Bread and Circus going 24/7 to keep many in a trance like state. Are these really the people we look up to….. those who set examples for our children? WOW! have we been duped!

    https://tv.gab.com/channel/alltheworldsastage1/view/part1-masks-brainwashing-psyop-propaganda-commercials-60362664a532f7765f7cbeba
    \
    https://tv.gab.com/channel/alltheworldsastage1/view/part2-masks-brainwashing-psyop-propaganda-commercials-60362b62c6e95e7c593cd6fc

    https://153news.net/watch_video.php?v=NNXRK19RNAKM

    https://153news.net/watch_video.php?v=A8YDBXDHDMA3

    https://153news.net/watch_video.php?v=W7N6R78B6G5W

    https://153news.net/watch_video.php?v=OU2M9DK3WA42

    https://153news.net/watch_video.php?v=54SY3Y1N872D

    moderated
    1. That’s some crazy shite Will. My Dad drove a Nomad with a three on the tree. He never took us anywhere without a Bud between his legs and Winston in his left hand at the wing vent. Never got pulled over, never had a wreck. Seat belts? stuck in the crack with the cookie crumbs.

      moderated
      1. I am not in favor of government mandated anything. That would include seat belts. My neighbor had an encounter with a semi about ten years ago. It side-swiped her from the left lane, causing her to tailspin and turn around AHEAD of the semi and have the semi run over her and her Jag. She had some minor damage to her face, hands and arm from the glass, but most of the damage came from her seat belt almost snapping her neck AND the same with her grandson in the back.

    1. Great stuff Will. A product so good they have to give it away! I have another from the trenches report: My friend Randy is about 70, a pretty healthy guy. He is semi-awake and of course took his two shots because he’s only semi-awake. He only suffered some soreness in the shot area. No other side effects.

      moderated
  4. “… granted emergency use authorization … clinical trials … to last for approximately two years …”

    Aha, I see, interesting — so before they know whether the vaccines are safe or not, they’ve gone ahead and administered them to literally tens of millions of people anyway, a number that grows daily and will soon include children.
    This ought to tell you all you really need to know about the moral decency of the people involved — these same people control the political and legal establishments that will decide whether the vaccines can/should be mandatory or not.
    In the current malevolent and tyrannical political environment, anyone who sees any hope at all in ‘federal law’, the courts, or that the trials are supposed to last 2 years (there’s no law about that) is, to say the least, naive, if not deluded.
    If they decide to mandate the vaccine they will — such formalities can and will not stop them — an obvious truism such as ‘Where there’s risk there must be choice’, which reflects basic human decency, will not stop them — not today — it’s not the same country anymore — people need to understand that.

    moderated
    1. No one is forcing anyone to take an experimental vax. At this point , they cannot. IF they take it, it’s voluntary because they would rather not deal with any consequences and have made a decision their job or peer pressure is more important than their own life. We all make choices. THAT’S a bad one. I am sorry to say I have little sympathy. If one allows FEAR to rule ones life, that fear will also take ones life.

      moderated
      1. Actually, almost no one in America is now requesting the vaccine: https://covid.cdc.gov/covid-data-tracker/#vaccination-trends. The percentage of Americans with at least one dose will top out at<50% and those with full vaccinations at 35-40%. The unvaccinated majority of Americans will pray for the health of those vaccinated minority, especially those young women who are trying to get pregnant.

  5. Pingback: Globeinfolive
  6. The hotel I drive for in the winter put up plexiglass in the bus to stop the Kung Flu. Hard to say if that worked or not for it’s intended purpose. But you know what it really works good on… stopping psychos from attacking you out of the blue!

    Off topic a bit but all part of the same shit show… WARNING: YOUR STATE LEGISLATORS may be working on legislation to reduce bail requirements to zero on class 4,5 & 6 felonies. That’s exactly what Colorado is doing. That comes straight from the DA. Yesterday I got a call from the Eagle County Jail telling me that the psycho that tried to savagely attack me had made bail. The District Attorney assured me the dirt bag could never make bail and I automatically doubted that. The DA had asked for a much higher one and the Judge refused; she made his bail peanuts.

    Ross Hague came up to my bus and asked for a ride to Leadville which is 40 miles away. I matter of factly stated it’s a private transport and I couldn’t help him. Hague said “you should be nicer to people”… and in a nano-second he charged up the stairs in a rage and having violent intent. He ran straight into the plexiglass. He was inches away from me and he looked possessed by demons… “I’ll kill you, I’ll beat you, I’ll shoot you”. When he said he was going to shoot me, I know five guys that would have taken out a gun and blown him to Kingdom come. I was not packing but I started to immediately wish I had.

    When Hague realized he couldn’t get to me, he exited the bus and I closed the door. I took a picture of him flipping the bird through the passenger door window. Of course I called 911. Before the police arrived Hague had whipped around to the front bumper blocking my path. I was trying to get a better picture of the psycho just in case he got away. Suddenly Hague jumps around and starts attacking my driver window with overhead and downward double fists. Bam Bam Bam… you could see and hear the glass buckling… It’s a miracle it didn’t break. It happened so fast that I went from trying to get pictures of him to pulling slowly away from him. Anyone who wants to Monday morning quarterback you during an attack of this nature has never been attacked so fast and so out of the blue. Hague blocks the path of the next hotel shuttle and than lays down in the street. Right them… Police arrived and apprehended the psycho.

    Hague did exactly the same thing to a female bus driver and the cop said “we have been looking for this guy for quite some time” and sounded major relieved he was going to straight to jail. I put on my detective cap and the first call I made was to the Mineral County Sheriff. Yes Fred knew Ross Hague and he described him as “a ticking time bomb” and the 10 years of similar incidents in Creede, Colorado. I called nearby South Fork Police and they also knew Hague. Sheriff Fred said if you go to any given town on the western slope you will find law enforcement that knows Hague and his routine. Hague’s Driver’s License list his address as the state mental hospital in Canon City. Let that sink in for a minute. A psychopath with a license to drive. This is a bizarro world. Fred said Hague has been in and out of mental institutions his entire life. Just imagine the road rage incidents he has had over the years.

    When I found out more about this Hague psycho-path in five minutes flat than the DA, the police and the court did with all their resources, I know I missed my calling as a private eye. So now Ross Hague is free to go on terrorizing people. The system let out on bail someone that has never shown up for a court appearance and that is well documented. When I think of what happened to crime in New York after they reduced bails to zero, this is maddening. The DA on my case has two brothers on the NYC police department… demoralized one retired recently and the other is trying to limp into retirement in two years. No one wants to do the job anymore. Is it any wonder when they let go the Ross Hagues of this world ? With the 70,000 violent felons California plans to release early, this is starting to sound like the Batman series in real life, a place called Gotham where the criminally insane have at the unsuspecting public with impunity. Where is our caped crusader when we really need him?

    moderated
  7. I don’t think any small town hospital has ever had more power and clout than Vail Health, which is a retarded name for what was called Vail Valley Medical Center for 50 odd years. What put it on the map was Orthopedic Surgery when they lured the prestigious Richard Steadman Clinic away from Lake Tahoe with a sweetheart deal. I remember how big a deal the place became when I drove a Pro Tennis Player from Germany up from the airport just to get knee surgery. I thought wow, this man just flew over most of Europe and then didn’t stop in New York or Chicago either. If he comes to Vail for surgery, they must be elite in this realm. That was in the 90s. Just a few years ago I drove Dolf Lungren from the airport for the same deal. That was a fun trip. If you want a poster boy for fitness for seniors, it’s Dolf, still an amazing specimen of health. Than I ran into him again at rehab.

    This juggernaut of wealth and power can steamroll any opposition to their plans. They built a mid rise building as their latest expansion. Nobody pushed the Covid Hoax harder than Vail Health. Testing testing testing…. danger danger danger… vaccine vaccine vaccine. And oddly I wound up pitching for their coed softball team last summer. It was pretty ridiculous watching people running to first base with a mask on. I am supposed to play again for them. I guarantee all the players got the shot(s)… now they are the danger! if it’s true this shedding phenomenon.

    moderated
    1. The MSM was complicit in the STEAL of the 2020 Election.

      The US is THE most corrupt nation on the planet. Its the abode of the damned.

      This week the pilot of a commercial jetliner kicked a 3 year old handicapped toddler off his plane because he thought that the child might kill everyone on board by removing his mask.

      Attachment

      moderated

Leave a Reply