How is FDA authorized to grant emergency use authorization?
The same section of the Federal Food, Drug, and Cosmetic Act that authorizes the FDA to grant emergency use authorization also requires the secretary of Health and Human Services to “ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product.”
Is the EUA statute against mandates by at-will employers?
Those arguing that the EUA statute prohibits mandates by at-will employers are claiming that this federal law is changing existing state employment law on the topic by mere implication. They are reading in a broad prohibition covering all employers and universities in the U.S. that is not, in fact, in the statute.
Can a company fire an employee for any reason?
While the EUA fact sheets put forth Pfizer and Moderna do not inform recipients of any potential employment consequences, the general legal reality is that employment in the United States is at-will, and employers can fire employees for almost any reason, with few exceptions from anti-discrimination laws.
Can a EUA be used to accommodate mandates?
This post looks at the relevant statutory provision to examine whether an EUA can accommodate mandates. The provision is section 360bbb-3 (e) (1) (A) (ii) (III) of the Food, Drug and Cosmetics Act – 21 U.S.C. 564, “Authorization for medical products for use in emergencies,” which says:
What was the authorization for use of military force of 2001?
L. 107-40, codified at 115 Stat. 224 and passed as S.J.Res. 23 by the United States Congress on September 14, 2001, authorizes the use of United States Armed Forces against those responsible for the attacks on September 11, 2001 and any “associated forces”.
Do you give permission to violate employer rules?
No. Neither participation nor opposition give permission to an employee to neglect job duties, violate employer rules, or do anything else that would otherwise result in consequences for poor performance evaluations or misconduct.
The same section of the Federal Food, Drug, and Cosmetic Act that authorizes the FDA to grant emergency use authorization also requires the secretary of Health and Human Services to “ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product.”
When does an employer take a materially adverse action?
Retaliation occurs when an employer takes a materially adverse action because an applicant or employee asserts rights protected by the EEO laws. Asserting EEO rights is called “protected activity.”