Attorney David Betras As I have noted in this space a number of times, private companies and government entities have the power to impose vaccine mandates. The seminal case on the issue, Jacobson v Massachusetts, was decided by the Supreme Court in 1905. In the 116 years since, courts have repeatedly upheld the ruling and have also held that businesses have the right to establish and enforce conditions of employment, including requiring workers to roll up their sleeves. The Jacobson precedent has withstood a torrent of challenges during the COVID-19 era. State and federal judges, including both liberal and conservative Supreme Court justices, have refused to block the imposition of mandates more than 40 times. Faced with the cold stone reality that mandates are here to stay, a growing number of vaccine resisters are now seeking religious exemptions under Title VII of the Civil Rights Act of 1964 to avoid being jabbed. They are, to put it mildly, facing a steep uphill climb because while Title VII requires employers to make reasonable accommodations for employees who refuse to be vaccinated due to their sincerely held religious beliefs, this area of the law is extremely murky and riddled with exceptions. […]
