SINGLE-COMPONENT" SAFETY PROGRAMS, SUCH AS MANDATED VACCINATION SAFETY PROGRAMS, ARE DOOMED TO FAIL AND EMPLOYEES WILL SUE EMPLOYERS
Hon. John Norris JD, MBA
FDA Former #2; 20x Board Member; Executive Chair Safely2Prosperity; formerly managed ~14,000 EEs and ~$6B budget; ~30,000 LinkedIn followers; Former Harvard Life Sci and Mgt Faculty Member; facilitated raising $Billions
"Employer-Mandators" Not Giving Workers an Option to Stand-Alone "Mandated Vaccination Safety Programs" Are Almost Certainly Going to Get Sued by Angry Workers and Their Families
The more workers vaccinated, the better. This rule of science and medicine is clear. But accomplishing that goal is complex, not simple. It must be achieved smartly, honestly, and fairly.
Using an approach that only supports government-paid-for vaccinations (so-called "Solo-Cheapo-Programs," seemingly, but falsely, free) has four huge traps for employers.?
#1. Vaccinations are only short-term, partial solutions. On average, existing vaccinations provide only about 50% of the disease-transfer protection from the Delta Variant that workers require. And to retain even that level of security, workers must obtain a new vaccination (as many as two shots) every six months.?
Governments, drug companies, employers, and certain media pushing vaccinations and Mandated Vaccination Safety Programs ("MVSPs") are silent here. Because some protection is better than no protection, they believe it is the right thing to do. They, therefore, have purposely stayed mum.?
As a result, their spokespersons have "conveniently neglected" to tell the public and workers of these shortcomings of vaccinations and MVSPs. These are purposeful "lies by omission."
However, if not informed of these critical facts, workers who participate in a company's MVSP, whether or not something goes wrong, will sue their employer for failure to obtain the worker's prior "informed consent."?
#2. Workers will sue employers that blindly do not give employees a more thoughtful and comprehensive Safety Program that fills over 90% of workers and their families' needs instead of a just roughly 50% effective MVSP.?
#3. Workers will sue employers using MVSP's that do not give workers an appropriate, reasonable option to vaccination or lockout ("Get vaccinated, or you're fired!").?
#4. Workers will sue employers using MVSP's to accomplish discrimination. If an employer puts an MVSP in place, the employer must cover ALL workers AND fully enforce it—and do so fairly (uniformly and reasonably).?
Some companies apparently plan to put phony MVSPs in place in the hopes that the alleged MVSP, even if not at all enforced, will scare workers into submission. This deception will work for a short time, but not a long time.
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In sum, if an employer installs an MVSP that only applies to front-line workers, that is discrimination. If an employer enforces the MVSP but does not enforce it uniformly, that is discrimination. Finally, if the employer does not enforce the MVSP at all, the employer is still in trouble.?
By playing such "tricks," an employer is threatening unvaccinated workers, possibly as much as 60% of the employer's workforce. Most of these workers are front-line workers of Hispanic or Black descent. If these workers become angry, they can walk off the job, leading to a collapse of the employer's workforce and a shutdown. And if these workers become mad enough, some of them will sue the employer for discrimination.?
Employers should heed these MVSP-related warnings for the benefit of everyone involved: themselves and their investors, customers, and communities, but most importantly, their workers and their workers' families.?
There are sound paths to follow but installing a stand-alone MVSP is not one of them.
Best,
John
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? 2021 Safely2Prosperity LLC and John Norris, JD, MBA