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Re:NY Supreme Court reinstates all fired unvaccinated employ... by LatteLazy on Tuesday October 25, 2022 @05:26PM (#33336386)
The logic in these rulings is very weak: being vaccinated does not 100% prevent infection/transmission in the same way that being sober doesn't not guarantee you won't crash your car, it doesn't make drunk driving ok, especially for an employee...
Re:NY Supreme Court reinstates all fired unvaccinated employ... by pexabit on Tuesday October 25, 2022 @05:28PM (#33336412)
It does not even discernibly prevent infection or transmission.
Re:NY Supreme Court reinstates all fired unvaccinated employ... by LatteLazy on Tuesday October 25, 2022 @05:36PM (#33336502)
Citation needed I think. Aside from mortality, those are the 2 main things you need from a vaccine...
Re:NY Supreme Court reinstates all fired unvaccinated employ... by pexabit on Tuesday October 25, 2022 @05:40PM (#33336533)
The many states and countries that had record outbreaks, the fact they were exceedingly well-vaccinated notwithstanding. (Vermont, Israel, etc. etc. this is pretty trivial to verify).

It just does not prevent transmission. We know what it looks like as far as transmission goes for vaccines that work (smallpox, oral polio, etc.) This is not it. Just isn't.

Re:NY Supreme Court reinstates all fired unvaccinated employ... by ganoushoreilly on Tuesday October 25, 2022 @07:04PM (#33337402)
The further issue with a lot of this is that it was presented as having been validated as preventing spread from the beginning, which now Pfizer has stated did not transpire. It was pretty evident by early summer that it was not in fact doing that. It's a big piece of the narrative for forcing/mandating the vaccine and it's gone. Anyone questioning it immediately were lumped into the far right regardless of their reasons. It was bad medically and bad politically.

The reality is it was needed to help comfort and calm the populous, it provided some efficacy, but ultimately should have been a personal decision. There's 0 chance we won't see lawsuits for the foreseeable future and honestly i'm still on the side of personal choice.

You're right too, the vaccine never was on the level of "real" vaccines and we knew that, hence why they changed the legal definition to make it fit.

Re:NY Supreme Court reinstates all fired unvaccinated employ... by dimal on Tuesday October 25, 2022 @06:46PM (#33337208)
24% decrease in transmission, decreasing by 6% every 5 weeks after that.[0] So, not nothing, but it doesn't come close to stopping transmission.

Personally, I'm vaccinated. That's based on my own risk calculation. But forcing people to put a medication into their body that they don't trust, for such a meager benefit (and do it several times a year), doesn't seem right to me. Even if you disagree with their logic, it's their body. The benefit of the vaccines to other citizens is too little to impose this burden.

[0] https://www.nature.com/articles/d41586-022-02328-0

Re:NY Supreme Court reinstates all fired unvaccinated employ... by LatteLazy on Wednesday October 26, 2022 @03:39AM (#33340873)
Thanks for the citation. I didn't realise it was so low, however I would point out the effect can still be large and exponential:

If I have covid and no vaccine and meet 100 people,I infect 50. Those 50 go on to infect another 1000 because that's what people do in cities, before running out of steam. 1%, aka 10 people die. Plus all the cost of dealing with the rest of those hospitalised and the long covid and the injuries etc.

If I have covid and the vaccine and meet 100 people I infect 38 (24% less). only 760 people get infected as a knock on. So now only 7.6 people die.

2.4 deaths seems like a lot of deaths to just accept because otherwise someone might lose a job...

Re:NY Supreme Court reinstates all fired unvaccinated employ... by typeofhuman on Wednesday October 26, 2022 @03:47PM (#33348429)
Both scenarios result in total human collapse; which we have not seen. So perhaps your math is wrong.
Re:NY Supreme Court reinstates all fired unvaccinated employ... by LatteLazy on Wednesday October 26, 2022 @04:06PM (#33348663)
Why would 10 people per 1000 dying lead to "total human collapse"
Re:NY Supreme Court reinstates all fired unvaccinated employ... by ben_w on Thursday October 27, 2022 @04:28AM (#33354791)
While the point is correct, I don't think this reasoning is sound.

If exponential growth keeps going until you run out of people to infect, then you get to everyone in both scenarios.

What actually changes the total number of infections, is that when enough people are non-infectious by either vaccination or prior infection, the remainder no longer get exposed.

The other society scale effect is that the slower infection rate (even in the absence of the primary benefit of the various vaccines) means the integrated utilisation of finite healthcare resources is spread out over time, so the instantaneous usage is lower, and as many places were at or above capacity during the pandemic that would also save lives.

Re:NY Supreme Court reinstates all fired unvaccinated employ... by janef0421 on Tuesday October 25, 2022 @06:04PM (#33336747)
When making these kinds of rulings, it is necessary to balance two competing interests; The benefits to public health of vaccination, and the harm of unemployment for the individual. Since the primary rationale of a workplace vaccine mandate would be to prevent workplace viral transmission, a vaccine having only a moderate effect on transmission would weaken the benefits. This makes it more likely that the harms of non-employment would outweigh the health benefits.
Re:NY Supreme Court reinstates all fired unvaccinated employ... by idiotsecant on Tuesday October 25, 2022 @06:31PM (#33337032)
>it is necessary to balance two competing interests; The benefits to public health of vaccination, and the harm of unemployment for the individual.

I'm not sure the harm to the employee due to being unemployed has ever been an issue when considering labor law in the past, why should this be different?

Re:NY Supreme Court reinstates all fired unvaccinated employ... by typeofhuman on Tuesday October 25, 2022 @07:14PM (#33337503)
An employee can be justly fired for violating safety policies.

In this context, it can be argued that the harm of being injured/killed outweighs the harm of being unemployed.

Re:NY Supreme Court reinstates all fired unvaccinated employ... by janef0421 on Tuesday October 25, 2022 @07:38PM (#33337694)
Yes, it is a valid argument in this case. However, the court has to consider the strength of that argument in relation to other arguments.
Re:NY Supreme Court reinstates all fired unvaccinated employ... by janef0421 on Tuesday October 25, 2022 @07:35PM (#33337671)
There are numerous aspects of American employment law wherein the harm of unemployment may be considered. For instance, it is relevant in cases of employment discrimination, and many states also have laws surrounding acceptable reasons for termination of employment. It is clearly not a priority of the legal system, but it is sometimes a relevant consideration.
Re:NY Supreme Court reinstates all fired unvaccinated employ... by LatteLazy on Wednesday October 26, 2022 @03:17AM (#33340730)
I feel like this is still a weird decision:

The maximum harm from the mandate is a person losing their job, and in most states (inc NY) that's a harm any employer can inflict for almost any reason or no reason at all.

The maximum harm from no mandate is that many people get infected by that individual who otherwise would not have, they infect others on an exponential basis, and people die.

To me, that's a pretty easy harm vs harm decision. I wonder what the same court would do with a surgeon who likes a drink before operating and refused to do stop. Presumably his right to a job would outweigh his patient's right to an X% lower chance of dying?!

I know it can't be that crazy. I must be missing some killer legal principle here (other than "fuck society"). And it's not the court's job but it would be very very helpful if they'd explain their reasoning a bit better. The ruling mostly reads like a mix of the argument from the winning side repeated and snippets from the losing side proceeded by "the court does not agree that" etc.

C'est la vie I guess. Thanks for your comment :)

Re:NY Supreme Court reinstates all fired unvaccinated employ... by typeofhuman on Wednesday October 26, 2022 @08:43AM (#33342802)
If the covid vaccines had strong efficacy you'd be right. What we know now - and many have known for a while but were censored - is the vaccines do not inoculate.
Re:NY Supreme Court reinstates all fired unvaccinated employ... by LatteLazy on Wednesday October 26, 2022 @09:29AM (#33343378)
My point is that the 24% from the link above is a BIG effect when applied to infectious diseases.
Re:NY Supreme Court reinstates all fired unvaccinated employ... by rasz on Tuesday October 25, 2022 @08:03PM (#33337914)
Afaik the facts are covid vaccines dont prevent transmission _at all_.
Re:NY Supreme Court reinstates all fired unvaccinated employ... by ben_w on Wednesday October 26, 2022 @04:29AM (#33341156)
This is incorrect. At least some vaccines have at least some effect on transmission while infected. What I saw was not amazing, but it was not nothing.