…“The lack of a remote-work or a natural immunity exception, especially the latter, raises serious questions about whether the federal employee vaccine mandate is designed to accomplish a legitimate federal purpose. The paucity of exceptions on these very legitimate bases indicates that the mandate is, at the very least, arbitrary and capricious in addition to being over-broad and poorly designed,” said the complaint filed in U.S. District Court for the Southern District of Texas.
The complaining employees work for the U.S. Secret Services and the departments of Homeland Security, Transportation and Agriculture and said they can produce tests that show they have antibodies to the virus.
“The federal government has joined the vast majority of employers who have implemented vaccine mandates by refusing to carve out exceptions for employees who can demonstrate that they possess naturally acquired immunity,” said Jenin Younes, litigation counsel at the New Civil Liberties Alliance. “This scientifically unsound refusal effectively forces federal workers to subject themselves to an unnecessary medical procedure, violating their rights to bodily autonomy and to decline medical interventions under the United States Constitution.”…