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Chick-News.com Poultry Industry News, Comments and more by Simon M. Shane

Lawsuit against Tyson Foods on Mandated Vaccination to Remain in TN. Federal Court

11/08/2021

The Federal vaccine mandate issued by the Administration is on hold. This follows a ruling by the Federal Appeals Court for the 5th Circuit. The temporary interdict follows a petition by a range of retail business associations and the Attorneys General of the States of Texas, Louisiana, Mississippi, South Carolina and Utah. The Administration was ordered to respond by 17H00 EST on November 8th justifying the mandate applicable to all employers with over 100 employees.

 

In earlier and separate litigation, Chief Judge Thomas Anderson of the U.S. District Court in the state of Tennessee has denied a plaintiff motion to transfer a case in which Tyson Foods is the defendant back to the Dyer County court.

 

At issue is an objection to the Tyson Inc. vaccination mandate. The three plaintiffs allege that the company violated the Tennessee Human Rights Act requiring employees to be either vaccinated or to be placed on unpaid leave. Obviously, it would be in the interest of the plaintiffs for the case to be heard before a local jury rather than in a Federal court where rules of evidence and technical submissions conform to a higher standard than in county courts. Tyson Foods maintains that it is operating in accordance with the Presidential Executive Order of April 28th 2020, requiring processors and packers to maintain the supply of food in accordance with guidelines issued by the Centers for Disease Control and Prevention.

 

It is a matter of record that 96 percent of Tyson Foods line employees are fully vaccinated against COVID following the Company mandate in mid-August. Tyson Foods has made exceptions for sincere religious objections and for health reasons in accordance with the relevant disability acts of the state and conforming to relevant federal and state disability legislation.

 

It is in the interest of employees of all companies to be vaccinated especially where social distancing is impractical. This not only protects the vaccine recipient but also families, fellow workers and the local community.  There is no constitutional right to generate anxiety over COVID or to disseminate the infection.


 
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