We just finished a two-hour oral argument. At the beginning, the judge said his tentative decision was to deny the motion. Basically, between the CDC’s recommendation that everyone should get the flu shot and all the infectious disease experts the UC had, he was convinced that the UC could constitutionally require the UC community to get the shot. He had obviously thought about this a great deal, but in cases like this, once a judge makes up his mind, there is usually no changing it.
So what should do now if you don’t still don’t want to take the shot? The only thing I can suggest is to file a request for a religious accommdation. In a later post, I’ll detail the fedreal EEOC criteria for obtaining one, but it’s not strictly an organized religious thing. I don’t think federal law permits restricting the time to file a request for a religious exemption. Their are religious inqusition courts staffed by UC HTR personnel in place, Maybe it’s time to increase their work load.
If you are an employee and your request is denied, then your remedy is to file a complaint with the EEOC. I’ll post later the process. There are no filing fees and employees can file their own complaints without an attorney. Each complaint will be investigated and will require UC HR and legal to be involved. That is Plan B for employees. That remedy is not available to students. The only remedy students would have be be some kind of further lawsuit.
Dissappointing but not entirely surprising giving the pandemic.
Rick Jaffe, Esq.