California School Boards Association Concedes Merits of Lawsuit by Health Freedom Defense Fund (HFDF).
My 3/26/2021 post Vaccine Mandate Lands Los Angeles Unified School District in Court asked the question: May an Employer Force an Employee to take Experimental Vaccines?
Recent progress in a lawsuit against the L.A. Unified School District confirms the answer is: “No.”
Here is the lead paragraph from a pre-Memorial Day press release by the HFDF:
“SANDPOINT, IDAHO, UNITED STATES, May 28, 2021 /EINPresswire.com/ — In March, Health Freedom Defense Fund (HFDF) helped employees of Los Angeles Unified School District (LAUSD) to sue LAUSD Superintendent Austin Beutner and HR head Linda Del Cueto over their illegal COVID-19 vaccine mandate. Now, after months of pressure, the California School Boards Association (CSBA) has conceded the merits of the lawsuit and walked back their position.”
Likely Consequences for Employers.
Also from the press release:
While the defendants have not yet legally admitted defeat, CSBA spokesman Troy Flint told The San Diego Tribune, “K-12 schools or districts, on their own, cannot require the COVID vaccines while the vaccines only have emergency use authorization.”
As evidenced by the lawsuit against LAUSD’s Beutner and Del Cueto, Flint conceded, “A school or district would likely face public backlash and legal challenges if it decides unilaterally to require COVID vaccinations for students, the association noted.” (Bold text added.)
Risk Management Conclusions.
Employers need to do a risk analysis every time they impose or even recommend something that affects the health of their employees.
The long-term side effects of the COVID vaccines probably won’t be known for many years. I think it would be good risk management to be very selective in offering them.
Employees who know they are in high-risk jobs and who volunteer to take the vaccines will be less litigious, in my humble opinion, than low-risk employees who feel coerced.
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