May an Employer Force an Employee to take Experimental Vaccines?
According to the California Educators for Medical Freedom (CEMF), the answer is “No!”
Employees of the Los Angeles Unified School District (LAUSD), represented by attorneys with the CEMF, filed a federal suit last week claiming that LAUSD’s vaccine mandate violates federal law as well as basic human rights.
See Megan Redshaw’s 3/22/31 article in The Defender:
From her article:
All COVID vaccines available in the U.S. — Pfizer, Moderna and Johnson & Johnson — are approved under the U.S. Food and Drug Administration’s Emergency Use Authorization (EUA). By the FDA’s own definition, that makes the vaccines “experimental” until or unless the FDA licenses them.
You can read the lawsuit here: https://secureservercdn.net/126.96.36.199/k7i.767.myftpupload.com/wp-content/uploads/2021/03/LAUSD-Complaint-Conformed.pdf
Informed Consent Includes the Right to Refuse.
Also, from her Article:
The FDA issued a Fact Sheet for Health Care Providers and a Fact Sheet for Recipients and Caregivers for each of the three vaccines approved for emergency use. The fact sheets state, among other things, that a provider must communicate information to the recipient prior to administering the vaccine — including that the recipient has the option to accept or refuse the vaccine.
In their lawsuit, employees allege that Section 360bbb-3 recognizes the “well-settled doctrine” that medical experiments, or “clinical research,” may not be performed on human subjects without the express, informed consent of the individual receiving treatment.
According to HFDF, the fundamental right to avoid imposed human experimentation has its roots in the Nuremberg Code of 1947, which was later ratified by the 1964 Declaration of Helsinki, further codified in the United States Code of Federal Regulations and adopted by the California Legislature. It says that “no person subject to this state’s jurisdiction may be forced to undergo the administration of experimental medicine without that person’s informed consent.”
Does this Reasoning Apply to Private Companies?
Might airline employees be able to assert these same rights against their employer?
What about the same airline forcing vaccines on their customers?
Based on an exchange of emails with one of the CEMF lawyers, I got the impression that it does.
I hope to have more to say on the private company angle in near future.
Please note: the above post contains educational information. It is not intended as legal advice. Engage an attorney who is licensed in your state to get advice on dealing with any specific legal issue.
© 2021 Michael S. Oswald
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