Former NY Governor Andrew Cuomo And Dr. Jay Varma Admit That No Authority Existed For The COVID Mandate Terminations

The statements in the video posted below are indeed shocking. Despite what we, the concerned public, all “know” about the power of government over the power of human rights – which is that human rights are foremost now and forever – municipal workers in New York City and State were all attacked and then thrown away for requesting consideration of the Rights we all know so well: the Right to Life, Liberty and the Pursuit of Happiness.

Our Constitution has been sacrificed to protect the “greater good” for all people rather than the rights of one individual.

In New York City, employees of the NYC Department of Education who dared to challenge the power of the government to dictate which human rights they could have or not have during COVID were placed on a PROBLEM CODE:

The New York City Department of Education’s “Problem Code” is an Unlawful Flag on an Employee’s Fingerprints

The Codes in America – Big Brother is here

The Problem Code, Fingerprints, The FBI, and the COVID Mandate

Fingerprints of Unvaccinated Teachers Sent to FBI As ‘Huge List’ of ‘Vaccine Refusers’ Compiled By CDC

City workers in other City Agencies who were not vaccinated were also coded and fired.

In 2020, no one knew that New York City would or could mandate vaccination with the COVID vaccine or punish anyone who refused to get the experimental shot. But that is what happened. Thousands of City workers were fired without any due process because the City wanted it that way. But not for anyone outside of the rank and file. The elite, NYC government VIPs, were all exempt for any reason they could create. The “dog ate my homework” kinda thing. This deception is currently unraveling.

See here:

Ashwin Vasan is resigning

MLC decision on CVM

Call for Mayor Adams to Drop All Appeals Against Unvaxxed NYC Workers

New York City Talks COVID with Dr. Varma, 2021

PRIVATE INTEREST OVER PUBLIC TRUST:
AN INVESTIGATION INTO CERTAIN
IMPROPRIETIES BY THE LEADERSHIP AT THE DIVISION
OF SCHOOL SAFETY (1992)

As I have repeatedly said, everyone who wants to get their jobs back with back pay should file a complaint to get back what they have lost. Please do it right this time. Do not just go with an attorney because he/she says he/she knows what to do. Do your research, you know your case better than anyone else.

Let’s look at this a little more carefully.

If someone wants to pursue religious exemptions under Title VII, research what that means. I suggest that you look up Religious Exemption Laws. On that map, New York State has no religious exemption law related to the provision of services.

There is a footnote to this, namely that  “Targeted state religious exemption laws permit people, churches, non-profit organizations, and sometimes corporations to seek exemptions from providing services that burden their religious beliefs.” My takeaway is that these categories do not include the City Agencies such as the NYC Education Department, police, fire, etc. We all saw what happened with the municipal workers after the COVID mandate started: 98% of these hard-working people submitted religious or medical exemption requests to the Citywide panel and were denied. Federal Court Judges are calling the Citywide Panel the “due process” that Federal Law approves under the 14th Amendment. Excuse my language, but this is a bunch of bulloney.

Next, research “religious exemptions” under Title VII of the Civil Rights Act of 1964. There is no mention of religious exemptions. (search after clicking ‘ctrl F’). What is there is this: UNLAWFUL EMPLOYMENT PRACTICES, a foundational principle:

SEC. 2000e-2. [Section 703]

(a) Employer practices

It shall be an unlawful employment practice for an employer –

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

This is what we want. So, how can we get there? If you go to New York State Human Rights Law, there is no mention of religious exemptions.

In New York City Human Rights Law, “religious exemption” is not mentioned either.

So when Arbitrator Martin Scheinman issued his SCHEINMAN AWARD SEPT 10, ordering every NYC Department of Education employee to get vaccinated with the COVID vaccine and hand in a valid card by October 4, 2021, or you would be put on Leave Without Pay (LWOP) and subsequently terminated and your health insurance taken away, he created this lawless employment ruling out of thin air. Mr. Scheinman then set up his company, Scheinman Arbitration and Mediation Services, to arbitrate all the lawless exemption appeals.

Indeed, Scheinman “apologized” for creating the LWOP later, after the media started picking up the pieces of his destruction of union workers’ lives. See Scheinman Award June 27. He made a lot of money because of his collaboration with the unions and the NYC government, which all ignore employment due process rights. See Scheinman Invoice. In November 2021 a Federal Court Judge threw out the SAMS Appeal process as “constitutionally unsound”, and ordered a new panel to hear the appeals. See the Scher letter re Scheinman.

Also, in his Award, he lied about the leave without pay not being disciplinary. No one believed this then, in 2021, or now. Fortunately, DOE employee Eric Amato – who has been fired or resigned from his job – sent a member an email that she sent to me in April 2021 saying that anyone who did not hand in a valid COVID vaccination card had a problem code placed in the Galaxy database, marking them as guilty of misconduct. This Code blocks any employee from getting paid by the NYC Department of Education. Of course this is disciplinary. See problem code articles on this website and on Parentadvocates.org as well as NYC Rubber Room Reporter. If you did not get vaccinated, for any reason, you were punished for insubordination/misconduct. However, Mr. Scheinman insisted that the “punishment” of LWOP and termination were not disciplinary. Why? Scheinman, the UFT, and CSA did not want anyone to get a 3020-a arbitration (New York State tenured teachers’ due process right) because an arbitrator might decide not to fire the employee. Scheinman had to make sure that anyone who did not get vaccinated would be terminated with no exceptions.

The Department of Education did not want any exceptions, either. They wanted to remove protected employees from payroll without due process, meaning without a hearing or cooperative dialogue mandated by law. The Department and the Mayor, who is in control, responded to requests for accommodations (not exceptions, as explained above), saying we cannot give you an accommodation; this would be an “undue burden.” Yet since 2020, anyone suspected of wrongdoing or incompetency has been reassigned to a Rubber Room. I have been writing about the rubber rooms for 21 years, and no attorney called me to ask what they are.  Since 2020 the rubber room reassignment has been your home, on full salary. In my opinion the NYC DOE hides this information because it undermines their “undue burden” argument.

In the EEOC And Human Rights Law, you may see the term “Cooperative dialogue.” The term “cooperative dialogue” means the process by which a covered entity and a person entitled to an accommodation, or who may be entitled to an accommodation under the law, engage in good faith in a written or oral dialogue concerning the person’s accommodation needs; potential accommodations that may address the person’s accommodation needs, including alternatives to a requested accommodation; and the difficulties that such potential accommodations may pose for the covered entity.

This is discrimination and retaliation, clear and simple.

Suspension Without Pay is Retaliatory Discrimination, Advocatz.com, April 13, 2023

Martin Scheinman, the City of New York, the Mayor, and the Union VIPS all decided they had no time to consider a “cooperative” anything and indeed offered no accommodations. If you did not get vaccinated, you are terminated. Period.

See Title VII, especially its foundational principle:

UNLAWFUL EMPLOYMENT PRACTICES

SEC. 2000e-2. [Section 703]

(a) Employer practices

It shall be an unlawful employment practice for an employer –

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

And there is this:

Disgraced Former NY Governor Andrew Cuomo Now Admits Government’s Lack of Authority to Enforce Mandates Despite Acting Like a Tyrant During Pandemic: ‘It Was All Voluntary’ (VIDEO)

The Gateway Pundit, By Jim Hᴏft May. 8, 2024 8:45 am 250 Comments

Disgraced former New York Governor Andrew Cuomo (D), who resigned amid sexual harassment scandals, admitted in a recent interview with so-called public health expert and COVID-19 vaccine advocate Leana Wen that his administration never had the actual authority to enforce pandemic mandates, despite imposing them with a tyrannical approach during the COVID-19 crisis.

During the discussion, the Democrat former governor expressed his perspective on the fading public trust in government authority, particularly concerning health mandates.

“I believe if the government were now to say, ‘We just made a finding that there’s a new virus, and everyone should do X, Y, and Z,’ the amount of compliance with X, Y, and Z would be much, much lower than it was at the beginning of COVID because people do not trust the government, especially on this issue, the way they did at the beginning. That would be a complicating factor. When you have people who just don’t listen because the government had no capacity to enforce any of this.

You must wear a mask. People wore masks in New York. But if they said, ‘I’m not wearing a mask,’ there was nothing I could do about it.

See also:

WSJ Opinion: Evidence Revealed by COVID Select Subcommittee Shows Corruption at Highest-Levels of NIH

(Press Release Published: May 28, 2024)

It is a fact that thousands of people were fired from their positions in New York City because they couldn’t, didn’t or would not get vaccinated with the COVID vaccine. Some submitted numerous notes from doctors saying that they would not recommend that their patient(s) get the shot, because great harm – even death – could be the result. The City’s response in 2021-2023 went something like this (I am paraphrasing):

“Dear Employee, We in the great City of New York sadly must tell you that to protect the greatest number of people in these dire times, as you did not get vaccinated, we must fire you, effective today. You will no longer have access to health care or your salary as of midnight, City time. You must hand in all the property in your possession that belongs to the City, and you cannot, for any reason, seek employment in any City job. Do not reply to this Notice, as no one monitors the address. Good luck in your future endeavors.

Thank you for your service,

The City of New York.”

In my opinion, the solution is to continue to fight for the rights that have been stolen from you. Never give up.

Betsy Combier

betsy@advocatz.com

Editor, Inside 3020-a Teacher Trials