Back in May, Bills GM Brandon Beane said that he would release players who refused to receive the COVID-19 vaccine. Soon after, the league office got in touch with Beane to let him know that teams cannot cut players solely for that reason. Now, NFLPA chief exec DeMaurice Smith has weighed in with his thoughts. 
[RELATED: NFL Says Teams Can’t Cut Players For Refusing Vaccine]
“When a general manager speaks out and says something that is not only inconsistent with league policy, but just has a rank disregard for the rights of our players, I don’t know any other way of characterizing that other than just the stupidity that underlines it,” Smith said (via Liz Mullen of Sports Business Journal.)
Given the NFL’s clarification, Smith probably doesn’t have much to worry about on this front. Still, his comments show that the players’ union will be keeping a watchful eye on the waiver wire for any questionable cuts.
Beane’s comments raise a number of questions about a player’s personal right to say no to the vaccine. Beyond that, one has to wonder how the NFL would handle this type of situation in practice. What happens if a team cuts someone for refusing the vaccine while citing their performance as the reason for the release? In that case, the union would face an uphill battle.
It will be the same issue in the real world. The vibe I am getting, from discussions on the radio, is that there will be legal support for barring someone from the work place if the company has reasonable grounds to think that person represents a threat to other workers.
You wouldn’t, for example, allow someone in with a fairly wide number of conditions, like typhoid, Scarlett Fever, polio, etc. Covid is not in that class, but it is not unreasonable to protect your workforce, provided the alternative, like a vaccination, is not unreasonable.
What’s interesting, is that it is the person who is not vaccinated who is the one at risk.
Obviously, the vaccine doesn’t protect 100%, (but we don’t have 100% protection against anything, in this world), but the person with the vaccine is mostly protected.
joebrady – I think what will make it difficult is that reasonable people ( at least in my opinion) can probably understand both sides of the argument as to whether companies have the right to force a vaccine on employees. Add in the fact it a new vaccine without 5yrs of studies behind it or any proof of long term side effects or lack thereof. Also have to consider future litigation ( we all know there will be lawsuits over this and imagine the filings if it turns out vaccine does cause longterm issues.Its going to be a mess – I myself have flipflopped on the issue 4 or 5 times.. and thats just in the past few months lol
This is why we need DC to act. Pass a law saying yes or no. I have the same issue at work, and I’d bet every company has the same issue. I’m at about 60% ban, 40% no it is a privacy issue.
But our HR department should not have the responsibility for that decision. Our elected officials should make that decision, and create a safe harbor for those following that decision.
the problem is any such law is probably locked up in the courts for who knows how long.
You wouldn’t let someone in who HAD those conditions. The difference is this person doesn’t have Covid, they just haven’t had the vax. The analogy is improper.
Lots of teams are hoping Josh Allen and Stephon Diggs refuse to get the vaccine. Let’s see what Beane does then
i kinda hope a good player on their team temporarily refuses to get it simply to stand up for the guys actually at risk of being cut.
Does he run his office in the same manner? If his staff, scouts, and other personnel don’t get shots, are they fired?
I have to imagine this is mostly talk to try and get his players to get the vaccine. Hard to imagine he would actually cut good players they could contribute to his team winning a Super Bowl.
First of all, he never said IF they don’t get the vaccine THEN they will be cut. He simple was saying if it came down to a couple guys for the last few roster spots, he would likely keep the vaccinated players if it meant getting back to normal. Quit taking comments out of context