Dear Fellow American,

First and foremost, I want to thank you for reaching out in support of the lawsuit JUST FILED against the Biden Administration over its mass vaccination mandates. I understand this is a fearful time for you, but please know that just because you are not named in the lawsuit does not mean you are not included.

READ THE LAWSUIT

The action Costin, et al. v. Biden, et al., Civil Action No. 1:21-cv-2484 was filed in the U.S. District Court for the District of Columbia on Thursday. You can get a copy of the lawsuit by clicking here.

AM I INCLUDED?

If you are an active duty service member, federal employee, or federal contractor, you are included in this lawsuit.  While you may not be a party to the action, this lawsuit was drafted to challenge the constitutionality of the orders issued by Biden and SecDef Austin. This means that if an Order is deemed unconstitutional and struck down, it no longer applies to anyone.

WHAT IS THE LAWSUIT ABOUT?

Plaintiffs sued for declaratory and injunctive relief and asserted claims pursuant to the Administrative Procedures Act, 5 U.S.C. § 706(2)(A) (“APA”), the Religious Freedom and Restoration Act, 42 U.S.C. § 2000bbb, et seq., (“RFRA”), the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360bbb-3 et seq. (“FDCA”), as well as the Free Exercise and Establishment Clauses of the First Amendment and Due Process and Equal Protection Clauses of the Fifth Amendment of the U.S. Constitution.

CLICK HERE TO HELP US WITH THIS LITIGATION!

MY EXEMPTION WAS DENIED: WHAT DO I DO?

A lot of people have been reaching out telling me that their employer's have rejected their exemption requests. This is a bit more nuanced than you think it is, but that does not mean your exemption was justifiably denied. Here's a few things that may help:

• Employers actually can deny accommodations if doing so causes an "undue hardship." This means the employer would have to demonstrate that allowing an unvaccinated employee to work reaches causes an "unreasonable difficulty" (*definitions in may vary by jurisdiction) 
• Perhaps even more important is that your exemption MUST be in good faith, good conscience, and legitimate. Do not claim to be Christian and pro-life and weaponize anti-abortion sentiment when you in fact, are not a Christian or do not care about issues such as abortion. The same applies for medical exemptions, however, whether your medical exemption is legitimate is a discussion to have with your doctor–not me.

But, let's say, for example, you are a practicing Catholic who's been baptized and truly lives a life dedicated to the church's teachings and your employer still denies your exemption. What do you do?

STEP 1: Document. Document. Document. This is critical for Step 2.

STEP 2: Prepare a Form 5 and also include an accompanying affidavit detailing the facts as to what happened. Often times, the "Particulars" are too detailed to fit into the box provided, so you may also write "See Attachment for Statement of Particulars" and in a separate document, type out what specifically happened and why you believe you're discriminated against.

STEP 3: File with the EEOC via the online portal.

STEP 4: Be responsive with the EEOC - your charge can be dismissed for failure to cooperate/prosecute with the EEOC throughout their investigation.

STEP 5: Wait. The EEOC has 180 days to issue what's called a "Right-to-Sue" letter. This letter is required prior to filing a lawsuit–if you file before having this letter, your case will almost certainly be dismissed for "failure to exhaust your administrative remedies." 

STEP 6: File suit if the matter does not settle. **BE SURE TO CONTACT A LAWYER**

We MUST fight back. If your employer discriminates against you, do not be led to believe you do not have options. You do, and it's pushing back against your employer's unlawful religious discriminatory practices.

STATE v. FEDERAL MANDATES

Last, please note that (without getting into the legalese of it all), this is a FEDERAL action. States have different laws than the federal government and while I am not implying that your respective state's mandates are (or are not) constitutional, the action I am pursuing is FEDERAL.

This means if your local town, city, county, or state is mandating vaccinations, that falls outside the scope of what I'm handling at the moment.

Finally, if you're dealing with an employer mandate, I've provided the above information as to how you can appeal a denied exemption.

Keep up the good fight!

                                                           Best regards,

                                                           Michael. A. Yoder, Esq.