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I assume you're referring to "Section 4. Can my employer require me to take medical tests in order to keep my job?" But that section explicitly states, "... un
by Zanni 6y ago
I assume you're referring to "Section 4. Can my employer require me to take medical tests in order to keep my job?"
But that section explicitly states, "... unless they are related to your job and necessary for the conduct of your employer's business.
I think there's a pretty strong case that the health and safety of fellow employees and/or customers during a pandemic qualifies.
- chrisco255 6y agoYeah, no. There is no clause in the Constitution that says "except in a pandemic". We've had far worse pandemics than Covid-19, from tuberculosis to smallpox to Spanish flu, and no such provision was ever required. So if you want to get an amendment to the Constitution, start collecting signatures.
- ashtonkem 6y agoI’m sorry, but you’re just not right. The Supreme Court has repeatedly held that the government has a pretty wide reaching authority when it comes to fighting disease. If the federal government can quarantine entire towns and force vaccines, they can similarly force you to be tested.
- chrisco255 6y agoNo, they haven't. There's no such precedent in U.S. history. They can't quarantine towns from the federal level. Not in the least. A state might be able to, because the 10th amendment is a thing, but Federal government cannot. And neither state nor federal government can force vaccines because it violates the 4th amendment. You don't get to search my body for diseases and use them to discriminate against me. Sorry. Furthermore, Roe v. Wade was argued on the basis of a right to privacy that's implicit. So no, I'm right on this.
- sfblah 6y agohttps://www.politico.com/news/magazine/2020/05/15/national-quarantine-constitutional-261165 https://www.politico.com/news/magazine/2020/05/15/national-q... I mean, you’re entitled to your opinion, but at least some people disagree. Edit: and, your claim that there is no such precedent is a flat out lie.
- irrational 6y agoNo such precedent? George Washington forced vaccinated his entire army from smallpox. There is precedence from the very start of the country. I am so embarrassed on your behalf.
- bernie_simon 6y agoWikipedia says Jenner first demonstrated the smallpox vaccine in 1796. The revolutionary war ended in 1783.
- irrational 6y agoAccording to a tiny bit of research, it was a crude form of smallpox vaccination, yet still a vaccination.
- ashtonkem 6y agoInoculation, technically.
- bosswipe 6y agoThe constitution doesn't say you have to wear pants either but it's still required. In any case the workplace link you cited is not in the constitution it's the disability law.
- lps41 6y agoSorry, but you are wrong. This would no more violate the ADA than random drug testing (legal) or requiring temperature checks, which some employers are already doing to protect against COVID-19. Also, the ADA is not a constitutional amendment, so even if there is a potential conflict with ADA, Congress could easily address that in a new bill without needing to pass a new constitutional amendment.