Message to the Office of the Santa Clara County Equal Opportunity Department

By Alex Eulenberg

sent November 8, 2023

Permission is hereby given by the author to reproduce and alter this letter in any form, with or without attribution.

Staff of the Santa Clara County Equal Opportunity Department: It has come to my attention that, pursuant to a memorandum from former County Executive Jeffrey Smith, it is County policy not to hire or accept as a contractor or volunteer, anyone who is not “fully vaccinated” according to the 2021 CDC definition, amended in September 27, 2022 to also include the Novavax vaccine. Reference: There are several ways in which this requirement discriminates illegally. For one, in allowing exemptions only on the basis of certain religious beliefs, it constitutes religious discrimination. Of course in removing the exemptions the policy would constitute religious discrimination all the more so. Considering that full vaccination is not a Bona Fide Occupational Qualification for any job (let alone all jobs) at the County, it constitutes illegal discrimination on other grounds as well. Please do what you can to get the aforementioned memorandum rescinded in its entirety. Or if it has been rescinded, please provide the reference to the relevant memorandum. Your prompt response to this request will be appreciated. Alex Eulenberg Mountain View