QUESTION
Is it possible for employees to sue their employers for violating the Constitution and forcing vaccine mandates, on Employees now that the mandate has
Asked on Nov 09th, 2021 on Constitutional Law - Rhode Island
More details to this question:
My company had put out a notice of termination if any employee did not receive the vaccine for Covid by October 31. This clearly goes against the constitution and now that the vaccine mandate has been put on hold. Hi happened to be one of the employees that was hesitant to receiving the vaccine but due to threat of losing my job I was forced to receive the Moderna vaccine in order to keep my job and position with the company. The company I work is a private company and did not fall under the presidents vaccine mandates which stated that only medical and government employees are mandated to receive the vaccine by October 31 or face termination. My company has clearly violated the my constitutional right by forcing me to get the vaccine.
1 ANSWER
Anybody can sue for anything, but respectfully you have no case. Except for a single provision (prohibiting slavery) the U.S. Constitution does not restrict the actions of private citizens, only the actions of the government ("Congress shall make no law ... ."). Thus, for example, the government can't stop you from dressing pretty much any way you want, because the First Amendment protects your right to do so, but a private employer can enforce a dress code in the workplace, or refuse to do business with you (e.g. "No shoes, no shirt, no service.")
Answered on Nov 09th, 2021 at 2:03 PM