A new virus called the “French Rhino flu” emerged across the globe. This virus was apparently transmitted in a French café in Bordeaux, when a man from New Jersey was posing for a picture with a Rhino (the Rhino is named Teddy, is apparently domesticated, and lives in the café) infected with this virus. Teddy fortunately has made a full recovery. However, many humans in the United States and in other countries have not made a full recovery. A small percentage of people have died from the French Rhino flu in the U.S. Some contract the virus and never know they have it, some become seriously ill and are hospitalized, some have mild symptoms… Symptoms range from sore throat, cough, fever, sneezing, explosive diarrhea for days, lethargy, an inability to breath, and in some cases immobility of fingers. A vaccine has recently been developed, and many places of business are now requiring a vaccine to protect vulnerable people. Based on these facts, please answer the queries below.
Just FYI, some in the French government allege this strain of flu originated in Germany.
- Mr. Smith works at Best Buy (a private corporation). Best Buy implements a policy that requires all employees to become fully vaccinated against the French Rhino Flu by April 1, 2023. Mrs. Jones works at the Texas Education Agency (TEA) (a state funded entity). Her place of employment also mandates all employees obtain a French Rhino Flu vaccine by April 1, 2023. Both Best Buy and the TEA have declared immediate termination if an employee fails to become fully vaccinated by April 1, 2023. Both Mr. Smith and Mrs. Jones seek your legal advice about whether they have to become fully vaccinated against the French Rhino Flu, or do they have a legal right to not take the vaccine and still remain employed at their respective places of employment.
- Mr. Smith and Mrs. Jones are also of the Jewish faith. They are asking their employers to:
a) accept state money to create a Hanukkah display in their place of employment, and
b) allow each of them to pray in the lunchroom during their lunchbreaks for people who contracted the French Rhino flu. Based on the cases we read this week, are they permitted these requests via the First Amendment? Please advise both Mr. Smith and Mrs. Jones about their legal rights. Please only utilize course content we examine this term in this class. Utilizing cases, articles, statutes… extraneous to this course will result in a reduction of points in your grade for this assignment. Please do not base your answer on your opinion either, base your answer on content we examine in this course. Please limit your answer to 1000 words.