Mandatory COVID vaccination for all Amtrak Employees

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Ryan

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Getting back with you…

This is a case from 2002 and the ADA was amended in 2008. So the holding in that case is out of date and no longer reflects the law. Nobody should be citing a 2002 case as authority on the ADA’s treatment of temporary disabilities. This is because, as of 2008, the ADA protects persons with temporary disabilities which are “severe.” Prior to 2008 it didn’t protect anyone with a temporary disability, no matter how severe.

Pneumonia can most definitely be severe - which is the type of pneumonia I was assuming, but I should have been more accurate and said that specifically. My bad. (I was more accurate when I said that with Covid it would depend on the symptoms.).
That should make it easy for you to find a citation for some time in the last 13 years, then.

Meanwhile, in 2019...

The Court said:
These injuries were too brief and too minor to qualify as disabilities under the ADA. Francis was restricted for her shoulder injury for approximately two months, and for approximately five months for her knee injury.
Does Covid or Pneumonia provide the same level of disability as a knee injury that renders you unable to work for 3 months? Perhaps, but it isn't common.
 
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AmtrakBlue

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Getting back with you…

This is a case from 2002 and the ADA was amended in 2008. So the holding in that case is out of date and no longer reflects the law. Nobody should be citing a 2002 case as authority on the ADA’s treatment of temporary disabilities. This is because, as of 2008, the ADA protects persons with temporary disabilities which are “severe.” Prior to 2008 it didn’t protect anyone with a temporary disability, no matter how severe.

Pneumonia can most definitely be severe - which is the type of pneumonia I was assuming, but I should have been more accurate and said that specifically. My bad. (I was more accurate when I said that with Covid it would depend on the symptoms.).
Still waiting for citation to prove your point.
 

PVD

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Having a collective bargaining agreement in place that gives someone the ability to negotiate employment conditions is (sadly) something that too many workers in this country don't have. It is one of the reasons why workers in this country are behind many other industrialized nations in terms of benefits, working terms and rights.
 

MARC Rider

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Getting back with you…

This is a case from 2002 and the ADA was amended in 2008. So the holding in that case is out of date and no longer reflects the law. Nobody should be citing a 2002 case as authority on the ADA’s treatment of temporary disabilities. This is because, as of 2008, the ADA protects persons with temporary disabilities which are “severe.” Prior to 2008 it didn’t protect anyone with a temporary disability, no matter how severe.

Pneumonia can most definitely be severe - which is the type of pneumonia I was assuming, but I should have been more accurate and said that specifically. My bad. (I was more accurate when I said that with Covid it would depend on the symptoms.).
You need to show us the legal language that says that the ADA protects people who have contagious diseases. If it is true that it does, I'll be out agitating to my congressperson and senators to amend the ADA to clearly remove that protection. Actually, I find it really hard the even Congress would be so stupid as to pass a law protecting the rights of people with contagious diseases to go out and spread their disease to the general public.
 

me_little_me

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One thing that unions like to get clarified is who's liable for adverse side-affects of vaccines that are required as a condition of employment. Employers like to dodge liability while still requiring the shots. I ran into this with anthrax shots. The Navy wanted to make them required for anyone going to W-PAC but didn't want to make them a condition of employment and accept liability for the consequences. Our union held the agency's feet to the fire and in the end they backed down. They didn't want to go to the table over the issue.
This is what the government says:

National Vaccine Injury Compensation Program
 
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