Petition From State Employees to Each Organizational Management Team and Governor Polis

Per the Universal Vaccination policy, effective September 20, 2021, all state employees who are not fully vaccinated or have not verified their vaccine status are required to submit to COVID-19 serial testing twice-weekly at an established test location. This policy was updated October 4, 2021 with the requirement to verify a vaccination status. These erratic and sudden changes by both our Organization Management teams and Governor Polis is illogical, discriminatory, hypocritical, illegal, morally wrong and will result in endangering or reducing services to the general public.

Per the current CDC guidelines, the following individuals should test for COVID-19:

◆ People who have symptoms of COVID-19.

◆ Most people who have had close contact (within 6 feet for a total of 15 minutes or more over a 24-hour period) with someone with confirmed COVID-19.

    ◆ Fully vaccinated people should be tested 3-5 days following a known exposure to someone with suspected or confirmed COVID-19 and wear a mask in public indoor settings for 14 days or until they receive a negative test result.

    ◆ People who have tested positive for COVID-19 within the past 3 months and recovered do not need to get tested following an exposure as long as they do not develop new symptoms.

◆ Unvaccinated people who have taken part in activities that put them at higher risk for COVID-19 because they cannot physically distance as needed to avoid exposure, such as travel, attending large social or mass gatherings, or being in crowded or poorly-ventilated indoor settings.

◆ People who have been asked or referred to get tested by their healthcare provider, or state, tribal, local, or territorial health department. (As of 10/7, CDPHE has only provided public health orders for emergency disease mitigation measures applicable to employees, residents, and visitors to skilled nursing facilities, assisted living residences, intermediate care facilities and group homes in Colorado to protect the health of the residents of these facilities.)

The state health department has not issued this vaccination attestation requirement or the testing for unvaccinated employees or mandatory vaccinations for state agencies. The policy has been enacted unilaterally by our Governor and enforced by our appointed Organizational Management. The policy is not based on federal or state health guidance, but appears to be for strictly political reasons. It is entirely hypocritical for our governor to run on a platform of freedom only to force state employees to disregard their own inalienable and Constitutional rights. In addition, the policy goes against CDC health recommendations.

On August 2, 2021 at 6:14pm, Governor Polis stated the following:
“There is not zero risk if you are vaccinated” and continued to state, “there’s increasing evidence that despite being vaccinated, you can still spread the virus even though you yourself might not have symptoms and so you might spread it to others.”

If COVID transmission was the true concern, it would be logical to test both vaccinated and unvaccinated employees. The CDC has stated “Although vaccines are highly effective, they are not perfect, and there will be vaccine breakthrough infections.” This mandatory testing of only unvaccinated is illogical and discriminatory if truly for the safety of fellow employees or the public.

Recently the state adopted Equity, Diversity and Inclusion policies to become an employer of choice. The Colorado EDI website states:
“As an employer, the State is committed to nondiscriminatory practices and providing equitable opportunities for employment and advancement in all of our departments, programs, services, and worksites.”

Forcing mandatory testing and/or vaccinations on unvaccinated employees is opposite of equitable. State organizations mandating serial testing for only unvaccinated results is discrimination and will reduce work productivity. This potentially could lead to more promotional opportunities for vaccinated employees that have reduced interruptions in their work day. The hypocrisy is astounding unless these policies are viewed through a purely political lens. From the Guide to Retention on the Colorado EDI website:

“For the state as an employer, we are most successful in serving our residents when our workforce reflects the diversity of our communities. As an employer, we are committed to finding ways to actively retain our employees and creating a workplace where all individuals feel comfortable bringing their full selves into their work serving all Coloradans.”

As of 10/7/21, only 66% of Coloradans had a single dose of an Emergency Use Authorized vaccine. The fact that some state organizations are mandating vaccines demonstrates they do not reflect the diversity of the communities they serve. The hypocrisy between the EDI statements contrasting the Governor’s policies is discriminatory and wrong.

The direction provided to organizations is that the mandatory attestation, testing and vaccinations apply to all employees including those on FMLA and Workman’s Comp. This is against Federal law in that:

“It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any 4 proceeding, related to the FMLA. See Fact Sheet 77B”

While every state organization will lose a wrongful termination case based on mandatory vaccinations and/or testing of employees on FLMA leave, the decision to enforce illegal policies has little consequence to our governor as most of these cases have not been made public. Proceeding with this illegal policy is not only morally wrong but a waste of state resources and taxpayer funds due to the known outcome.

This brings us to the next point that legality does not always coincide with morality. Unvaccinated individuals are not a protected class, but this does not entitle our employers and governor the right to discriminate due to difference of opinions and/or personal medical choices. If we as a society were to allow discrimination by our elected leaders for unprotected classes, everyone could be discriminated against. Today, even those state employees that aren’t being discriminated against recognize the lack of morality by our leaders on this Universal Vaccination policy. Almost all understand the precedent this egregious policy sets and fear one day the discrimination will be turned on them.

Last and most importantly, state agencies have a duty to protect and serve the public. This responsibility falls on each public servant and most go above normal duties to fulfill. This was apparent last year when most were considered front line workers and required to work during extensive lockdowns. These discriminatory policies and even recent actions by the Governor to temporarily suspended a section of rules concerning the discipline of state personnel, meant to speed up firing of people found to be out of compliance with the state’s Sept. 30 order appear politically motivated. These tyrannical, illegal, intimidation, bullying and coercive actions have led to forced increases in vacancies in almost every state organization. Our primary responsibility is to serve, protect and support our communities. These policies will lead to a significant decrease in services with consequences that endanger the public and could result in unwarranted deaths. Currently the Department of Transportation is experiencing significant vacancies in TMI positions that plow snow. With winter approaching it is only a matter of time before services decrease resulting in poor road conditions and an increase in accidents. An example in our Corrections Departments, is that inmates within the correctional system have other risks besides COVID like violence, sexual abuse and racial discrimination but most of these are mitigated by adequate staff. These are just a couple of the many examples that each state agency will have to navigate with reduced and overworked staff set up for failure by these tyrannical policies.

While this grandstanding is based around the threat of COVID, other threats to the public remain. By implementing sadistic policies employees that only a year prior put our lives on the line for the public will be indifferently terminated leaving vacancies that will prove even more difficult to fill. Who is going to make the choice of who receives services and what taxpayer doesn’t?

This arbitrary and capricious attack on the public servants of Colorado needs to stop. Our oppressive governor backed by appointed minions within each state agency carrying out illogical, discriminatory, hypocritical, illegal and morally wrong policies that will lead to endangering the public and reducing taxpayer funded services must stop today.