For over a year now, COVID-19 has been the point of emphasis throughout the world. From the media, to business owners, to the working class, COVID-19 was what everyone was talking about. As of the time of this blog,as of today, we are starting to get back to normalcy and regular life as it was before the pandemic.

As we transition back to normal from the current state of the pandemic, back to a point in time that was pre-2020, COVID-19 still has its lasting effects on the world today. Vaccinations for COVID-19 are the talk of the town with everyone asking, “Hey, which vaccine did you get, Moderna or Pfizer?”

That question is always followed by a genuinely fake/half-hearted response about which vaccine they received. But everyone knows deep down inside that this vaccine is still new and has yet to fully understand the side effects of what is in this vaccine and what is going into our bodies.

This caused much controversy when transitioning back to regular life as the entertainment industry, specifically the sports world, Now has to take extra precautions for COVID-19.

As of Wednesday, July 21, 2021, the NFL officially mandated the COVID-19 vaccine for players in the NFL, without specifically saying that players must get the vaccine. With the new season fast approaching for the NFL, the league felt it was necessary to put forth new protocols for the players, coaches and all personnel of the NFL.

Per NFL.com’s Tom Pelissero,

For those fully vaccinated, there will be no daily testing, whereas those who are not fully vaccinated must be tested every day. It will be the same for face coverings, with none required if fully vaccinated and mandated at club facility and team travel if not. Individuals who are not fully vaccinated, including players, will be prohibited from gathering outside club facilities or team travel. NFL players who are not fully vaccinated will be barred from going to nightclubs, bars, house parties, concerts, etc. Failure to follow the protocols could result in fines of $50,000 for a first offense. One difference that Pelissero notes could have major competitive implications is that fully vaccinated individuals who have been exposed to a coronavirus-positive person will not be labeled a high-risk close contact, so they will not be subject to a mandatory five-day isolation. Coaches and staff members who are not fully vaccinated — and do not have religious or medical exemptions — will not be eligible for Tier 1 or 2 status in training camp and will therefore not be allowed to work in-person with players. Strength and conditioning coaches, for instance, must be fully vaccinated to be in a weight room with players. If it’s an indoor weight room, players who are not fully vaccinated must work out with their masks on. For coaches who are fully vaccinated, face coverings will no longer be required, which was a hallmark of the 2020 season, such as Chiefs head coach Andy Reid’s face shield or other coaches being fined for not always wearing theirs.For all unvaccinated individuals during travel, gathering with outside guests in hotel rooms, seeing family and friends, etc. is prohibited.

The new protocols have not taken well with players and personnel throughout the NFL.

Minnesota Vikings offensive line Rick Dennison was one of the first reported to voluntarily step away and retire due to the new protocols passed by the league. Dennison is a key figure for a transitioning Minnesota team. The former was seen as an integral bridge within the coaching staff and formed one of the better offensive lines in the league.

Due to the new protocols, Dennison decided to step away from football after previously asking for an exemption from the vaccine; Dennison denied receiving the vaccine originally prior to the new protocols. On contrary belief, it was reported by NBC Sports that Dennison and the Vikings reached an agreement to where Dennison can remain with the VIkings without potentially getting the vaccine. The agreement simply means that Dennison and the Minnesota Vikings are going to comply with the leagues protocols whether Dennison gets the vaccine or not. If he does not get the vaccine, that could interfere with his ability to work face-to-face and hands on with his players.

According to ESPN,

Another coach in the league, New England Patriots co-offensive line coach Cole Popovich, also won’t be with his team in 2021 in a decision related to the COVID-19 vaccine and NFL guidelines, league sources confirmed to ESPN. The vaccine is required for all Tier 1 staff, including coaches, front-office executives, equipment managers and scouts. Players are not required to receive the COVID-19 vaccine but will face strict protocols during training camp and throughout the season that vaccinated players will be able to forgo. In a memo released by the league this summer, the NFL said any unvaccinated Tier 1 staff member must provide a valid religious or medical reason for not receiving the vaccine. Losing Tier 1 status prohibits coaches from being on the field and in meeting rooms and having direct interactions with players.”

In order to obtain exemption from the vaccine, the NFL must see a bona fide religious or medical reason to allow for exemption. Under Title VII of the Civil Rights Act of 1964, individuals have the right on the formality of religion to be free from discrimination on the basis . Per the individual’s religious beliefs, many of them object to vaccines. Employers must accommodate religious observances and practices, unless doing so imposes an undue hardship on the business. Religion is such an extremely broad term that is defined not by only organized religions, but informal beliefs as well. Religion under the law embraces non-theistic and moral beliefs.

In the case  Chenzira v. Cincinnati Children’s Hospital Medical Center, 2012 U.S. Dist. Lexis 182139 (S.D. Ohio, 2012), the court recognized that veganism, under certain circumstances, may constitute a religious belief. That court exempted an employee from a flu shot requirement. Once an employer determines that a true religious exemption exists, the employer must make an accommodation for the employee. Such accommodations may include reducing a mask requirement, modifying work duties to comply with social distancing, adjusting an employee’s schedule, or allowing an employee work from home.

If certain players can emphasize the point of a religious belief that they cannot receive the vaccine, then the NFL must comply with that and allow them to play under non-sanctioned protocols without losing their pay.

A medical reason that may allow for exemption to the the vaccine is allergies. The world still does not know the repercussions from receiving the vaccine due to the novelty of it. Recently individuals have reported and displayed highly allergic reactions to COVID-19 vaccine and with the right medical attention a player could receive exemption from receiving the vaccine. Another major factor that might be a cause for exemption is a history of Guillain-Barré syndrome, which is a condition in which the immune system attacks the nerves and is triggered by bacterial or viral infections.The vaccine could potentially worsen their condition and cause more health problems. If the NFL does not comply with the medical reasons hypothetically presented by a player, the NFL could face suit for not following the process outlined by the American with Disabilities Act (ADA). Employers must determine if the employee has a qualifying disability under the ADA and if an alternative accommodation can be offered.

The NFL may call in their doctors for a second opinion if a player decides to go to his own physician. Miletti Law thinks it would be in the NFL’s best interest to allow for certain exemptions, as they would not want to lose their superstars athletes. Some names that have come up recently in retirement talks are Buffalo Bills receiver Cole Beasley and Tampa Bay Buccaneers running back Leonard Fournette. But none deserve more camaraderie than perhaps the best in the game right now, Arizona Cardinals receiver DeAndre Hopkins, who publicly tweeted his opinion about the new protocols.

Per Hokpin’s twitter, he tweeted the following, “Never thought I would say this, But being put in a position to hurt my team because I don’t want to partake in the vaccine is making me question my future in the @Nfl.”

Hopkins later deleted the tweet, but that may have been due to contractual reasons. If Hopkins were to retire before this season or at any point, the receiver would owe the Arizona Cardinals organization upwards of $22 million in signing bonus money. Hopkins recently received a well-deserved record setting contract with Arizona. Hopkin doesn’t deserve to lose money if he were to retire early and Miletti Law is here to help.

Here at Miletti Law, we are empathetic with the NFL players and believe that they deserve protection from unfair guidelines and protocols. To DeAndre Hopkins and all players out there who may mull retiring and subject themselves to a vaccine which may compromise their values or their health , Miletti Law is here to help you keep what is rightfully yours, and protect you from the all mighty NFL.

Always Stay Unusually motivated and keep crafting your knack!