Why We’re Fighting:
After years of dedicated service, federal employees and contractors are asking the government to give their grievances more consideration, rather than mass firings. In court, federal workers are arguing:
One size does not fit all:
The mandates to take the vaccine or lose your job do not allow for individualized, case-by-case review and employer accommodations required under longstanding federal law. The mandates require government agencies to undertake unlawful medical inquiries.
Firing employees on a perceived disability is against the law:
Both vaccinated and unvaccinated individuals contract and spread Covid-19. The mandates discriminate against individuals based on a perceived disability amid a pandemic where the science and medical treatments are rapidly evolving.
The mandates violate the informed consent of principles of the Food, Drug, and Cosmetic Act:
All citizens have the right to accept or refuse medicines authorized under “emergency use” without the fear of losing their job.
An Uphill Battle:
Many individuals are in critical national security roles. It was requested to pursue the case in court under pseudonyms, but a judge rejected the request. Now numerous employees with security clearances can no longer participate in this battle. Despite the risk of retaliation, intimidation, and having to share personal and sensitive health information in public, brave public employees have stepped forward to sue employers and the government.
Our Simple Request:
On the basis that the mandates, as written and being implemented, are unlawful, federal employees and contractors are asking the judicial system to issue an order that prevents the mass firings of dedicated public servants.
Federal Practice Group has filed in the United States District Court for the District of Columbia. The case number is 1:21-cv-02779.
Federal Practice Group has also filed in the United States District Court for Florida. The case number is 8:22-cv-00121-JLB-SPF.
Boyden Gray & Associates has filed in the United States District Court for the Southern District of Texas. The case number is 3:21-cv-00356.