Reference no: EM133578187

Question: A new virus called the "French Rhino flu" emerged across the globe. This virus was apparently transmitted in a French café in Bordeaux, when a man from New Jersey was posing for a picture with a Rhino (the Rhino is named Teddy, is apparently domesticated, and lives in the café) infected with this virus. Teddy fortunately has made a full recovery. However, many humans in the United States and in other countries have not made a full recovery. A small percentage of people have died from the French Rhino flu in the U.S. Some contract the virus and never know they have it, some become seriously ill and are hospitalized, some have mild symptoms... Symptoms range from sore throat, cough, fever, sneezing, explosive diarrhea for days, lethargy, an inability to breath, and in some cases immobility of fingers. A vaccine has recently been developed, and many places of business are now requiring a vaccine to protect vulnerable people. Based on these facts, please answer the queries below. Just FYI, some in the French government allege this strain of flu originated in Germany.

Mr. Smith works at Best Buy (a private corporation). Best Buy implements a policy that requires all employees to become fully vaccinated against the French Rhino Flu by December 1, 2023. Mrs. Jones works at the Texas Education Agency (TEA) (a state funded entity). Her place of employment also mandates all employees obtain a French Rhino Flu vaccine by December 1, 2023. Both Best Buy and the TEA have declared immediate termination if an employee fails to become fully vaccinated by December 1, 2023. Using the Kennedy v. Bremerton School District, Carson v. Makin and Jacobson v Massachusetts cases, what advice can you give to both Mr. Smith and Mrs. Jones about whether they have to become fully vaccinated against the French Rhino Flu, or do they have a legal right to not take the vaccine and still remain employed at their respective places of employment.