As to the possibility that teams will cut unvaccinated players, NFL sees no issues with Thursday’s memo

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Thursday’s jaw-dropping memo from the league office to all teams had the intended purpose, in our view, of persuading unvaccinated players to become vaccinated. As a practical matter, the memo also persuades teams to cut players who still refuse to get vaccinated.

Whether it’s the amount of time that unvaccinated players automatically are kept from playing (at least 10 days), the possibility of forfeitures arising only from outbreaks happening among unvaccinated players, the expenses incurred if a game is postponed or canceled due to an outbreak among unvaccinated players, the $400,000-per-team allowance for testing costs (unvaccinated players get tested every single day), the inescapable messages from Thursday’s memo is that teams will find themselves in better competitive and financial shape if in the process of cutting from 90 players to 53 they simply dump as many unvaccinated players as possible.

So how does the league reconcile these clear incentives to dump unvaccinated players with the rule that prohibits cutting players for not being vaccinated?

“I don’t see the two tied directly together,” NFL Chief Football Administrative Officer Dawn Aponte said during a Friday conference call with reporters. “I think there are protocols put in place for those individuals,” Aponte said regarding the unvaccinated players, adding that the COVID protocols don’t restrict their ability to perform, and that the COVID protocols weren’t put in place for those purposes.

Still, the simple fact that an outbreak among unvaccinated players can trigger a forfeit while an outbreak among vaccinated players can’t provides a clear and logical reason for teams to choose vaccinated players over unvaccinated players. While some unvaccinated players will be too good (or too expensive) to cut, plenty won’t. And Thursday’s memo necessarily makes vaccination status one of the various factors to be considered when splitting hairs while trimming the roster, if it wasn’t already.

And so it will be interesting to see if a player who gets cut claims that he would have gotten a roster spot if he’d been vaccinated, and if he then files a grievance. As noted earlier today, Thursday’s memo quite possibly becomes Exhibit A if/when a grievance is filed.

30 responses to “As to the possibility that teams will cut unvaccinated players, NFL sees no issues with Thursday’s memo

  1. What about an outbreak happening among vaccinated players? What are the protocols for this?

  2. Ha ha ha. That’s fine. File your grievance. File your lawsuit. No way to prove why you got cut. And no legal standing for a lawsuit. If you’re unvaccinated, just go away. And that means all of you.

  3. Regardless if you agree with getting the vaccine or not, asking a players vaccine status is more than likely a HIPPA violation.

  4. What about an outbreak happening among vaccinated players? What are the protocols for this?
    ———————————————–
    The original article covered it:

    This rule on forfeits applies only to cancellations due to an outbreak among non-vaccinated players and/or staff. In the same memo, the league explains that it, “if a club cannot play due to a Covid spike in vaccinated individuals, we will attempt to minimize the competitive and economic burden on both participating teams.” In other words, there won’t be a forfeit in a game is scrapped due to vaccinated players testing positive.

  5. “ What about an outbreak happening among vaccinated players? ”

    ——————-

    So-called breakthrough infections in vaccinated people are few, especially among those who spend most of their time around other vaccinated people. So, a significant outbreak among vaccinated players is vanishingly unlikely.

  6. Good job NFL. Society is under no obligation to cater to people’s personal fantasies regarding public health.

  7. Vaccine status is not a HIPPA violation. That avenue has already been tried and ruled not a violation. Tying jobs to vaccine status is also not new and already being done in not-sports related companies. There are also companies basing hiring on vaccinated status. Also challenged and found to not be a violation or a discriminatory practice. Same with your ability to travel and in sports, even the ability for fans to attend games. You have a vaccination or you don’t get in.

    Vaccinated is going to be a (for now) legal determinant for a lot of decisions.

  8. Regardless if you agree with getting the vaccine or not, asking a players vaccine status is more than likely a HIPPA violation.

    ——

    The leagues attorneys would never have let them implement this if that was the case. I’m sure it’s already been discussed before they rolled out the plan

  9. Regardless if you agree with getting the vaccine or not, asking a players vaccine status is more than likely a HIPPA violation.
    ————————————-
    Incorrect, but HIPAA is easily one of the most misunderstood laws. It applies to only covered entities such as doctor’s, health insurance companies, and their respective business associates, i.e., billing services, claims processors, etc. The NFL, like most businesses, is not bound by it. Further, it protects patient information from being disclosed without consent. It has nothing to do with asking.

  10. Seems logical to me. Any diseases spread among a group of vaccinated individuals will spread very slow.

    Any disease spread among a group of unvaccinated players will spread like wildfire so quarantining the team becomes protocol and the NFL does not want another repeat of the Broncos and Browns marching Target employees on the field. Especially with paying fans back in attendance.

  11. “Regardless if you agree with getting the vaccine or not, asking a players vaccine status is more than likely a HIPPA violation.”

    Nope. HIPPA (Health Insurance Portability and Accountability Act) prevents a 3rd party from disclosing PII and Health Information.

    An employer can ALWAYS make any non-protected health issue part of the hire/fire process. For example, an employer can fire you for using tobacco. Since vaccination status isn’t a protected class, it’s fair game.

  12. chipster says:
    July 23, 2021 at 1:46 pm
    Regardless if you agree with getting the vaccine or not, asking a players vaccine status is more than likely a HIPPA violation.

    ———–

    Unfortunately, the government opened the door to allow employers to ask their employees their vaccination status, etc.

  13. Any disease spread among a group of unvaccinated players will spread like wildfire

    —————–

    Because it spread “like wildfire” here in the US before vaccines were even available, right?

    Fortunately, no, it didn’t.

  14. Until it is fully approved and the maker takes responsibility for ill reactions, it is not a vaccine, only experimental medicine or a therapeutic.

  15. Thank you, Mike! Always love reading your work.

    The question remains.. is it the Bills or the Bucs with the 7 pillars refusing to get vaccinated? I am leaning towards the Bucs led by the body conscious TB12.

  16. Why should any business tolerate risky choices or behavior that causes them to lose money? This is economics, not politics, and most large businesses that require physical workplace presence or customer interaction will also, in time, require vaccination as a condition of employment. Discrimination? You bet it is, in the same way that firing a nudist is discrimination. But it is not prohibited discrimination, since it is not directed at a protected class. Last I checked, self-taught people with an aversion to science (even as they benefit in all respects from the fruits of science) are not protected.

  17. The NFL is mandating vaccines, but they are sure making it very difficult for the anti vaxxers, which is entirely in their right to do. I laugh at all the anti vaxxers who are suddenly experts in clinical trials, vaccines, regulatory affairs, FDA approval process, and science.

  18. If what this post is saying is true, then Aaron should’ve been smart enough not to get vaccinated so GB would’ve cut him. Problem solved for Rodgers, right?

  19. marthisdil says:
    July 23, 2021 at 2:51 pm
    chipster says:
    July 23, 2021 at 1:46 pm
    Regardless if you agree with getting the vaccine or not, asking a players vaccine status is more than likely a HIPPA violation.

    ———–

    Unfortunately, the government opened the door to allow employers to ask their employees their vaccination status, etc.

    _____________

    HIPPA is a law that prohibits health professionals from revealing your medical records, but it is perfectly legal to ask whether someone has been vaccinated.
    Just because dingbat commentators and politicians continuously cite HIPPA as a source of mystical protection against all questions about one’s health, the truth — in case anyone cares — is that an employer is completely free to ask about your vaccination status.

  20. “Israel Finds Pfizer Jab Only 39% Effective At Stopping Delta Variant ”
    So vaccinated individuals will not spread Covid or get sick? Really!

  21. All the NFL is saying with that memo is that if players have done everything they can to avoid getting Covid-19 the league will not punish you if you catch it. However, those that have not done everything to avoid getting Covid-19 can be punished if they catch it. I see nothing wrong with that. They are just saying you need to do everything you can to prevent catching it.

    Personally, if the guy sitting on my left in the stands isn’t vaccinated they are at a much higher risk of contacting it than the guy sitting on my right who is vaccinated. Me? If I’m not vaccinated I’m more at risk from the guy on my left than I am from the guy on my right. If I am vaccinated, I don’t much care if either of them is or isn’t because I’ve done ALL I can to keep myself and my family safe. And if I do still get it, the odds are much higher that it will be a mild case (even Delta). And the odds are even higher that it won’t kill me, unlike the guy on my left.

  22. People who refuse to get vaccinated should get fired from whatever job they have and not be allowed to work until they prove they received the vaccination. I am not sure why these anti-vaxxers are allowed to threaten millions of lives because of fealty to the criminal Trump.

  23. How many games were canceled last season during this crazy pandemic when it was killing people by the thousands daily? 0. This is just another good old Uncle Sam scare tactic. Herd immunity, trust the science rememberrrrrrr.

  24. Wait until some of the stars come down with it. I’d like to see THEM get cut. lol.

  25. I like how so many pro vaxers are SOOO brave behind a computer but not one will repeat themselves in the face of someone not willing to take the Vax.

  26. So they have made it official that those player are getting the Colin K treatment for disagreeing with the company.

  27. The players association has signed off on this so there is no grievance to file.

  28. People who refuse to get vaccinated seem to have no idea why they’ve never gotten polio, or smallpox, rubella, or diphtheria. These diseases ravaged our ancestors, but they are forgotten today. Why? Vaccines eradicated them.

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