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When one person's choice (in this case business') would infringe on another's right (employees right to privacy), then the business loses its right to choose. Just because I work for you does not give you the right to ask me about or make medical decisions for me as a condition of my employment.
This is similar to the philosophy- "the right of your fist to move about freely stops at the end of my nose".
Individual autonomy especially over one's own body is sacrosanct.
I guess I had to learn this stuff in far too great a detail in several management roles and because of that, I do feel like you are literally making stuff up out of thin air. But here is how it works. It doesn't help to start with grandiose, macro, philosophical statements because that is not how employment law works in this country. We are talking about that more narrow subjects in this case.
But if we were, you would realize that the Supreme Court in 1905 in Jacobson vs. Massachusetts did not think "Individual Autonomy especially over one's body is sacrosanct." They stated quite the opposite in fact.
https://www.politico.com/news/magazine/2021/09/08/vaccine-mandate-strong-supreme-court-precedent-510280Quote:
One man's liberty, they declared in a 7-2 ruling handed down the following February, cannot deprive his neighbors of their own liberty in this case by allowing the spread of disease.
"There are manifold restraints to which every person is necessarily subject for the common good," read the majority opinion. "On any other basis, organized society could not exist with safety to its members. Society based on the rule that each one is a law unto himself would soon be confronted with disorder and anarchy."
Harlan in this case wrote for a clear majority of the court. He concluded: "Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others."
This is why I think so many people get frustrated with the political debate on this board. It is a bunch of statements of how you would like the world to be rather than how it actually is based on our long legal history.
But to the more narrow point, given that both legal precedent and current rulings allow employers to implement vaccine mandates . . . .why aren't you being discriminated against in this case? The answer is because you are probably not a protected class as termed by anti-discrimination laws. There are all sorts of things that can bind the hands of employers . . . OSHA, ADA, etc but those are largely minimum standard regulatory dictates that influence the worker hours, the size of water fountains, etc.
What really protects the average joe from an employer is the 11 protected classes enacted under civil rights law. I can't fire you because of your race, sexual orientation, age, disability, etc.
Nowhere in there is a protected class for folks who work out a ton and think they can ride out the COVID spell without a vaccine. Nowhere in there is the natural immunity crowd.
So you do what you are told or pack up and leave. Now some folks have tried to worm into a religious exemption as an end run but that is likely a no-go as most all major religions have formally endorsed the vaccine even after considering the stem cell issue that is frequently raised.
https://www.cacatholic.org/CCC-vaccine-moral-acceptabilityQuote:
The Vatican's doctrinal office, the Congregation for the Doctrine of the Faith (CDF), has determined that it is "morally acceptable" for Catholics to take these vaccines against the COVID-19 Virus.
If you go to to Methodist or Episcopal or any other central authority steering general moral guidelines for a particular faith, they are actively rooting for the vaccine and trying to work it into their global ministries. So the religion angle is a no go except in the most narrow cases of certain religions that blanket refuse any and all medical care.
So maybe you can change the Supreme Court's mind . . . maybe you can invent a new protected class . . . until then you are stuck with the choice of follow your employer's health guidelines or find a new line of work.