How Biden's COVID-testing mandate violates civil rights

From now on, everyone working for the federal government will be asked for their vaccine papers and all undocumented federal workers and contractors “will be required to wear a mask on the job no matter their geographic location, physically distance from all other employees and visitors, comply with a weekly or twice weekly screening testing requirement, and be subject to restrictions on official travel.” If you think these are draconian measures, you are right, and that is precisely the point. In a moment of candor, “Biden aides” admitted to their friends at CNN that the goal “is to render being unvaccinated so burdensome that those who haven’t received shots will have little choice other than to get them.”

This vindictiveness, more than anything, is what renders Biden’s coercive COVID testing flatly unlawful.

The Americans with Disabilities Act, which I had the honor of enforcing as Civil Rights Director at the Department of Health and Human Services, prohibits discrimination against persons with disabilities in both private and public employment. The ADA provides that employers “shall not require a medical examination . . . unless such examination or inquiry is shown to be job-related and consistent with business necessity.” 42 U.S. Code § 12112(d)(4)(A). Note, this prohibition is not limited to medical exams specifically related to disabilities or impacting persons with disabilities. It covers all medical exams for all employees. (ADA regulations confirm this fact, compare 29 CFR § 1630.14(b)(3) with (c)).