'This is a watershed moment in our history - compelling people to take a medical treatment': Biden's vaccine mandate tramples civil liberties and may bury small businesses already hit hard by pandemic, opponents charge
President Joe Biden's vaccination mandate for the private and public sector stirred outrage and threats of lawsuits over his 'extraordinary sweeping use of presidential authority to force a medical treatment on workers' as businesses big and small scramble to get clarity on the edict.
Ethan Brecher, a top labor lawyer and founder of The Law Office of Ethan A. Brecher in New York City, told DailyMail.com in an interview on Friday that he's 'never seen anything like this' in his 30 years of practice.
'This is a watershed moment in our history - compelling people to take a medical treatment,' he said, adding that he believes it will be challenged in court.
'The economy depends on companies going back to work, but there are people who are concerned about the vaccine. This mandate is an extraordinary sweeping use of presidential authority to force a medical treatment on workers.'
President Joe Biden’s executive orders announced Thursday require all executive-branch employees, federal contractors and millions of health-care workers to get the jab
Biden’s executive orders announced Thursday require all executive-branch employees, federal contractors and millions of health-care workers to get the jab. Large private employers must either mandate shots or provide weekly testing.
Labor lawyer Jesse Weinstein, from the Arce Law Group, said he and his law firm are already handling wrongful termination cases from employers in the Northeast who fired employees for not getting vaccinated and he expects the amount of cases to climb once this mandate is in full effect.
Weinstein said he foresees the biggest issue being medical exemptions and what constitutes and legitimate medical exemption.
He said the best advice he can give to employees - particularly those who have a medical reason for why they can't get vaccinated - is to document everything and have a doctor's note.
The language for the mandate is still being finalized by the administration, and some companies fear the new rules will drive the final nail in their pandemic-hit business.
'The devil is in the details. Without additional clarification for the business community, employee anxieties and questions will multiply,' Consumer Brands Association, which represents makers of packaged goods, told Bloomberg.
The National Federation of Independent Business, which advocates for small and independent business owners, said its members will be hit hardest by the vaccine mandate.
Kevin Kuhlman, Vice President of Federal Government Relations, said in a statement that the pandemic has already hamstrung small and independent businesses - most notably finding and retaining qualified workers.
The organization's fears are supported by a recent poll conducted by the Society for Human Resource Management (SHRM) - which was published before Biden's announcement - that said 28 percent of employees said they would rather lose their job than get the vaccine.
The Labor Department order - which covers approximately two-thirds of the 100 million workforce - will require employers with 100 or more workers to provide paid time off to get vaccinated.
Any business that violates the new rule will face substantial fines, up to $14,000.
But there's been a hesitancy in some occupations for a host of reasons - chief among them are concerns about side effects, belief that the vaccine isn't needed and distrust of the government, according to a study published in April by MedRxiv.
While there's been no studies done on vaccination rates among different occupations, MedRxiv researched which occupations were most hesitant.
Construction workers and repairmen - at 46.4 percent and 42.6 percent, respectively - were the top two occupations who expressed hesitancy.
Conclusion from MedRxiv's report about hesitancy in different occupations
Under the federal mandate, large private employers must either mandate shots or provide weekly testing, and all executive-branch employees, federal contractors and millions of health-care workers to get the jab
Kevin Kuhlman, Vice President of Federal Government Relations, (left), is concerned about the impact the new mandate will have on small businesses, and Jennifer Myers (right), a spokeswoman for the American Hotel and Lodging said they're reviewing
Losing frontline workers is also a concern for large companies, such as General Motors Co. and Delta Air Lines Inc.
Both companies issued statements outlining their efforts they’ve made to get employees inoculated but didn’t say whether they endorse the Biden plan, Bloomberg Business reported.
Other companies, including Walgreens Boots Alliance Inc. and Intel Corp., said they're studying it and waiting for more information.
The U.S. Chamber of Commerce said in a statement after Biden's announcement that it 'will carefully review the details of the executive orders and associated regulations.'
The federal entity 'will work to ensure that employers have the resources, guidance, and flexibility necessary to ensure the safety of their employees and customers and comply with public health requirements.'
The tech industry has led the way for vaccine requirements, with Google instituting its vaccine policy back in July.
At the time, Google was one of the first major U.S. employers to enforce a vaccination mandate for people returning to the office, and Facebook quick followed suit.
Jennifer Myers, a spokeswoman for the American Hotel and Lodging Association, told The Washington Post that the organization and 'our members are in the process of reviewing the President’s new guidance and as always we encourage all Americans get vaccinated.'
Other companies have already embraced vaccination mandates or were moving in that direction.
White House press secretary Jen Psaki said any federal employee who doesn't get vaccinated can be fired
First Lady Jill Biden speaks alongside US President Joe Biden about coronavirus protections in schools during a visit to Brookland Middle School in Washington, DC on September 10
Joshua Bolten, president and CEO of the Business Roundtable, a group of chief executives from companies including Amazon, Walmart and Home Depot, said in a statement Thursday that it 'welcomes the Biden Administration's continued vigilance in the fight against COVID.'
'America's business leaders know how critical vaccination and testing are in defeating the pandemic,' he said.
A few of the U.S.'s largest companies - such Walmart, CVS, AT&T, Goldman Sachs, Tyson Foods, United Airlines, several media outlets, among dozens of others - have already imposed a variation of vaccine mandates.
But each one is different and not comprehensive.
For example, Walmart's mandate applies to corporate workers; not its frontline workers over fears that forcing the employees to get the vaccine will push people to quit and weaken an already-reduced workforce.
Meanwhile, Tyson Foods has required vaccines for its entire U.S. workforce as a term of employment, and United Airlines said workers who aren't vaccinated or get an exception will be placed on leave.
Biden's vaccine mandates gives federal employees and contractors 75 days to get fully vaccinated or be fired.
The vaccine requirement will include exemptions for individuals with disabilities and for those who refuse the vaccination on religious grounds.
The U.S.'s largest union - The National Education Association, which represents more than three million teachers, faculty, educational support professionals, school administrators and retired educators - said in a statement Thursday that it supports Biden's mandate.
The United Auto Workers union said in a statement that it is 'looking at the details of the announcement and how it impacts our over 700 employer contracts and our members.'
President Ray Curry said last month that he supported only voluntary vaccinations and mandates would need to be agreed through negotiation.
The Teamsters, which represent about 1.4 million workers, declined to comment.
Many police unions have been outspoken against a mandate - including the NYC PBA, which threatened to sue if that was imposed.
The mandate riled up Republican officials who tore into Biden after his announcement.
'Forcing this and coercing people, I don't think is the right decision. I'd imagine that you're gonna see a lot of activity in the courts if they try to do that through an executive action,' Florida Governor Ron DeSantis said during a press conference Thursday.
The Republican National Committee says that it intends to sue to block Biden's order from taking effect, and several House Republicans plan to introduce legislation to negate the order.
But the law appears to be on Biden's side, but Brechar said it will likely have to play out in courts.
In May, the EEOC said Federal EEO laws do not prevent an employer from requiring employees who physically enter a workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA.
Employers are also allowed to ask about a worker’s vaccination status, which is not protected by the Health Insurance Portability and Accountability Act (HIPPA).
The law, which protects a patient’s confidential health information, applies only to companies and professionals in the health care field.
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