Employers who follow vaccine mandates are violating their non-discrimination clause, says Paul Romero

 Companies are now finding ways to get employees to back out of their employment contracts by using their COVID exemption forms against them. Host Dr. Bryan Ardis and guest Paul Romero discussed the issue during the Oct. 13 episode of “The Dr. Ardis Show” on Brighteon.TV.

Romero talks about how companies in different states make their employees sign vaccination documents, which is illegal. Romero says: “They are, in fact, violating their very own non-discrimination clause of their employment/client contract, which is a federal and state law.”

By making people back out of their COVID exemptions, Romero says that the employers are “not only putting liability on the company, but are also putting individual liability on themselves.” He adds: “When you discriminate against somebody, you violate the employment [contract].”

President Joe Biden’s vaccine mandates are ethically questionable, especially considering that federal and state laws warn against discrimination.

The principle of non-discrimination seeks to guarantee that human rights are exercised with no discrimination of any kind based on race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or other status such as disability, age, marital and family status, sexual orientation and gender identity, health status, place of residence and economic and social situation.

Can employers segregate or discriminate against unvaccinated workers?

With Biden’s mandate in place, employers can legally separate vaccinated and unvaccinated workers, but lawyers say it is better to be cautious against it. Michael Blickman, a management attorney at Ice Miller LLP, says that it would be “a stupendously bad idea to go down that road from an employee-relations perspective.”

While most employers can require workers to receive a COVID-19 vaccine, business-wide mandates have been rare, leaving most workplaces mixed with vaccinated and unvaccinated employees.

Companies continue to find strategies for blended workforces, while states grapple with the proof of vaccination requirement.

As such, employers are seeking counsel on the legal implications of separating employees based on their vaccination status. Although it is upon their discretion to divide workers, it isn’t a legally protected category, and such policies could be problematic to administer.  

Segregating workers pose potential legal risks, as some cannot be vaccinated due to health conditions or religious objections. Workers who refuse vaccination on these grounds can allege bias, especially if they suffer negative consequences as a result of being segregated.

To date, the Equal Employment Opportunity Commission still hasn’t updated its guidance in addressing the separation of vaccinated and unvaccinated workers. Employers are also told to be mindful to proceed with these moves in a way that preserves the confidentiality of the employee’s medical information.

In Montana, Attorney General Austin Knudsen has already issued legal guidance on the federal vaccine mandate by the Biden administration, saying that such mandate is illegal in the state.

Knudsen’s guidance states that the office is preparing to immediately challenge the federal overreach on different grounds.

Supporters of vaccine mandates are also suing. Already, two lawsuits have been filed challenging the new state law that protects Montana workers from discrimination based on their vaccination status.

“House Bill 702 is the law in Montana, and it prohibits employers from discriminating against people based on their vaccination status. Two separate lawsuits have been filed attempting to roll back these protections for Montana workers, but these pro-discrimination lawsuits have not changed the law,” Knudsen says in a memo.

“Discrimination based on vaccination status is illegal in Montana. Violators of the law can – and should – be held accountable.”