Mayor Mahan, Vice mayor Kamei, members of the council,
My name is Alex Eulenberg. I am completely unvaccinated for COVID-19, and I commute to my San Jose office every day, where my employer fully respects my right and that of all my office mates to make their own health decisions.
Meanwhile, down the street, the government of San Jose, staffing shortage be damned, refuses to hire people like me in the name of “safety.” But we are not a health or safety threat. No county, state, or federal public health agency recommends keeping the unvaccinated out of the workplace.
Make no mistake, as long as your employment office blocks us from getting jobs at the city, you will be violating both state and federal law, the same way you would be if your city were to require proof of heterosexual marriage, or a negative AIDS test in order to work at the city.
Disagree?
Council members,
[ Note: omitted to fit alloted time:
I ask you: are you sure you will prevail in state or federal court if someone applies for a job tomorrow and is rejected because they will not show a proof of vaccination, will not disclose their religious beliefs for a religious exemption, and will not disclose their medical condition irrelevant to fulfilling the duties of their job for medical exemption?
I ask you: Has your employment policy undergone an impartial legal analysis by an equal opportunity compliance attorney, taking into account the latest guidance from the Santa Clara County and California departments of public health, and that of the CDC? ]
I ask you: Who exactly has promised to defend you in court when an unvaccinated job candidate sues you for medical or religious discrimination?
The public is waking up. For your own sake, direct city staff to drop that hot mess of an employment policy as soon as possible.
Thank you for your attention.