Atlanta’s Senator Leroy Johnson Honored with Justice Robert Benham Lifetime Achievement Award for Community Service

Senator  Leroy R. Johnson was honored by the State Bar of Georgia and the Chief Justice's Commission on Professionalism with the 18th Annual Justice Robert Benham Lifetime Achievement Award for Community Service. Since 1998 these awards have recognized judges and lawyers from the ten judicial districts across Georgia who have made outstanding contributions in the area of community service. The recognition was presented on February 28, 2017.

A legal giant and pioneer, Senator Johnson holds an historic position in Georgia as a civil rights lawyer and the first African-American Senator in Georgia elected since the period of Reconstruction.  Presently, he continues to practice as the owner of Leroy R. Johnson & Associates, P.C., practicing primarily in the areas of probate and estate, criminal, domestic relations and personal injury. He has owned and managed a successful law practice for forty-seven years.

An Atlanta native, Leroy Reginald Johnson was born on July 28, 1928 to Elizabeth Heard and Leroy Johnson.  He graduated from Booker T. Washington High School in 1945 and earned a bachelor’s degree from Morehouse College in 1949 and a master’s degree from Atlanta University (later Clark Atlanta University) in 1951.  He taught social science in the Atlanta school system from 1950 to 1954 before earning a law degree from North Carolina Central University in 1957.  He was admitted to the State Bar of Georgia in 1959.

After receiving his law degree, Johnson became the first African-American hired by the Fulton County Solicitor General’s Office (now the District Attorney’s Office) and worked as a criminal investigator there from 1957 to 1962.  He then started his own practice.

Senator Johnson is well-known for representing many notable civil rights leaders and litigating some of the most noted cases in Georgia history.  In October 1960, in one of Atlanta’s first civil rights demonstrations, black college students conducted mass sit-ins at Rich’s Department Store lunch counters.  Johnson was one of several community leaders, along with business executive Jesse Hill and National Urban League Director Whitney Young, advising the student leaders, including Julian Bond.

Senator Johnson became engaged in public service in the 1960s.  Georgia’s county unit system of allocating seats in the General Assembly was overturned in an historic “one man, one vote” court decision in1962.  The ruling resulted in the creation of a predominantly black senate district in Fulton County, and Johnson won the seat in 1962 making him the first African-American to serve in the Georgia Legislature since 1907.  He was also the first African-American elected to public office in the Southeast that year.  During his first session in 1963, Johnson’s senate colleagues included another freshman legislator from Sumter County, Jimmy Carter, and a second-term senator from Towns County named Zell Miller, both who later would become governors of Georgia, with Carter later becoming the United States President and Miller becoming a Georgia United States Senator.

Johnson’s pioneering role in the Georgia Senate was difficult from the outset when employees in the segregated state cafeteria balked at serving food to him during his first year.  He  persevered and became an influential lawmaker, rising to the position of chairman of the powerful Judiciary Committee.  He led the way to desegregate many areas of the State Capitol, including its cafeterias and public meeting rooms, and made it possible for young African-Americans to serve as pages and interns during the legislative session.

In June of 1996, the Georgia Senate, by Resolution, authorized that the portrait of Senator Leroy R. Johnson be hung in the State Capital in recognition of his service to the State of Georgia. Senator Johnson became the first black elected official to have his portrait hung in the Senate Chamber and the first living person other than the Governor or Lieutenant Governor to have his portrait hung in the State Capitol.

With a handful of black lawyers practicing in Georgia, Senator Johnson throughout his  many years of the practice of law ably represented famous entertainers including James Brown, Johnny Taylor, Otis Redding, and athletes including Hank Aaron (baseball homerun king), Tom Payne, (Atlanta Hawks basketball player) and Joel Williams (Atlanta Falcons football player).  In 1970, Johnson obtained the boxing license for Muhammad Ali and sponsored and promoted the fight that returned Muhammad Ali to prominence in the boxing world.  After 67 other cities denied the boxing legend a license to fight, Atlanta became the venue for the Ali-Jerry Quarry bout.

During the time when black lawyers and law students were not employed by white firms, Attorney Johnson opened the doors of his practice to several diverse lawyers who ultimately assumed leadership positions and became Federal, Atlanta and Fulton County judges.  Some of these lawyers include: Marvin Arrington, Sr. (City Council President and Fulton County Superior Court Judge), Clarence Cooper (Judge, U.S. District Court for the Northern District of Georgia), Lynwood Jackson (City of Atlanta Traffic Court, Andrew A. Mickles (City of Atlanta Municipal Court Chief Judge). Judge J. L. Jordan and Judge Harris Bostic also served as associates in the early years of his legal practice.

As his nominator related, “Sen. Johnson has also been a mainstay in the advancement of public policy decisions that resonate today.  For example, in 1971, along with then Vice-Mayor Maynard Jackson, he led the effort to ensure fair employment practices and reasonable fares for what was then the new MARTA transportation system.”  Senator Johnson has been and remains very involved in the community.  He serves as co-counsel for the Fulton County Development Authority and Chairman of the Butler Street YMCA Board of Directors.  In addition to the many organizations of which he has been an officer and member, he is the Chairman of the Board of Trustees for Ebenezer Baptist Church where he has been an active member for 40 years.  He is a member of the Kappa Boule of Sigma Pi Phi Fraternity, Inc.

For his many years of public service and involvement in the community, Senator Johnson has received many awards, appointments and honors.  He was appointed by President Lyndon Johnson as Special Ambassador to represent the United States at the Independence Ceremonies in Zanzibar, Africa, December 9, 1963.  He was one of the United States citizens to receive the 1962 Russwurm Award from the National Publishers Association.  He received the NAACP’s 1963 Freedom Award and its 1970 Image Award. He received the Herman S. Prescott Award from the National Boys and Girls Clubs of America in 1971.  In February of 2007, his alma mater, Morehouse College bestowed on him its highest award, the Benjamin E. Mayes “Bennie” Award at its Candle in the Dark Ceremony.  In 2009, he was inducted into the Gate City Bar Hall of Fame.

Senator Johnson married Cleopatra Whittington Johnson, Ph.D., in 1948 and they have one son, Michael Vince Johnson, Ph.D., and three granddaughters, Melani, Melissa and Michelle.

Senator Johnson is one of  ten members of the State Bar of Georgia  who were recognized at 6:00 p.m. on Tuesday, February 28, 2017 at the State Bar of Georgia, 104 Marietta Street, N.W. in Atlanta.  The ceremony was free and open to the public but registration was required. For more information on attending the event and to register, contact Ms. Nneka Harris Daniel at 404.225.5040 or nneka@cjcga.org.

Rosamond Taylor Darden Johnson: A Life Well Lived

Rosamond Taylor Darden Johnson left this world peacefully on December 5, 2016. Fittingly, she was surrounded with love by members of her family, as family always took priority in her life.

 

Rosamond was the third of four children born to the union of Alvin Hawkins Darden and Elsie Taylor Darden in Shelbyville, Indiana. She attended the Shelbyville Public Schools and Fisk University.  A life-long lover of literature and art, she worked at Fisk with Arna Bontemps and Langston Hughes in compiling their 1949 anthology, The Poetry of the Negro, 1746-1949. 

On August 15, 1947 she married Charles S. Johnson, Jr.  Following Charles’ graduation from Meharry Medical College and the completion of his post-graduate work at Lincoln Hospital in Durham, North Carolina, the couple settled in Dayton, Ohio. She served her community as a volunteer with institutions as diverse as the Dayton Art Institute and Dayton Children’s Hospital. She was also an active member of the Dayton chapters of the Sophisticates, the Carousels, Jack & Jill, Inc. and The Links, Incorporated, and myriad other clubs and associations.

Rosamond provided a nurturing presence to friends and relatives alike. Successive generations of young people came to regard her as their favorite “aunt” and, in turn, each “niece” or “nephew” came to believe that he or she was her personal favorite.  When she spotted you arriving at family gatherings, she would open her arms wide, wanting to give you a big hug – no words were needed.  To all visitors, she would point with pride at her refrigerator door in Dayton wallpapered with business cards of her children, nieces, nephews and grands. Seldom appearing to think of her own needs, she constantly rejoiced in the successes and accomplishments of those around her, particularly when those accomplishments helped to make the world a better place.

Rosamond was preceded in death by her late husband, Charles S. Johnson, Jr.; siblings, Alice Veneta Darden Scott (Lawrence), Ethel Darden Starks (Douglas) and Alvin H. Darden, Jr.; grand-daughter-in-law Kira Dixon Johnson; and in-laws Robert Burgette Johnson, (Edith) and Patricia Johnson Clifford (Maurice). She is survived by her children Charles S. Johnson III (Sondra) and Winifred Marie Johnson; grandchildren Charles S. Johnson IV, Christopher Lawrence Johnson, Courtney Nicole Uche (Ugwu) and Colin Taylor Burnett; great-grandchildren Madison Corinne Howard, Ansley Laurel Howard, Charles S. Johnson V and Langston Emile Johnson; in-laws Jeh Vincent Johnson (Norma), Gloria Darden; and by a host of nieces, nephews, extended family and friends.

Mandatory Vaccination: Public Health vs. Individual Rights

By Charles S. Johnson

Daily Report

November 7, 2016

The Centers for Disease Control and Prevention (CDC) has long recommended that all health care workers receive an annual influenza vaccination. Throughout the United States, employers in the health care industry have experimented with strategies to encourage voluntary influenza vaccinations of health care workers. However, voluntary immunization policies have not had a significant impact on the overall coverage rate. During the 2010-2011 flu season, for example, the CDC found that 95 percent of health care workers received the flu shot when their employer required it but, when vaccinations were made voluntary, the rate of immunization fell to less than 64 percent. Beginning in 2011, the Joint Commission began to require that health care facilities implement mandatory flu shot policies but acknowledged the need to allow some employees to decline.

The goal of universal vaccination of health care workers remains elusive, partially because the available vaccine may sometimes be in short supply, requiring employers to establish criteria for prioritizing those employees who should be first to receive the available vaccine, and partially because vaccination mandates sometimes conflict with applicable collective-bargaining agreements. In addition to these institutional concerns, certain individual rights concerns have arisen which must be accommodated in the development of any employee vaccination policy, and the need for such accommodation has produced a new wave of litigation.

 

Accommodation Based on Medical Contra-Indication

Title I of the Americans With Disabilities Act prohibits discrimination by employers on basis of disability. Under Title I, discrimination includes the failure to provide a "reasonable accommodation" for a disabled individual, unless such accommodation imposes "undue hardship" on the employee. The EEOC has advised that an employee "may be entitled to an exemption from a mandatory vaccination requirement based on an ADA disability that prevents him from taking the influenza vaccine." The EEOC also has asserted that a covered employer may not compel all of its employees to take the influenza vaccine, regardless of their medical conditions, but that such an employer may require employees to wear personal protective equipment (such as employer-provided non-latex gloves or gowns designed for individuals who use wheelchairs). The CDC has recommended exemptions with respect to persons with severe allergy to vaccine components (such as chicken eggs), persons with a history of severe reaction to an influenza vaccination, persons less than six months old and persons with a history of Guillain-Barré Syndrome.

 

Accommodation Based on Religious Grounds

Title VII of the Civil Rights Act of 1964 prohibits employer discrimination based on religion and requires an employer to accommodate sincerely-held religious practices that may conflict with workplace practices, as long as the religious practice does not impose an undue hardship on the employer. For purposes of religious accommodation under Title VII, undue hardship is defined by the courts as "more than de minimis" burden on the operation of the employer's business. This de minimis standard is lower than the standard than under ADA. The First Circuit is reviewing a district court decision which held that it would be an undue burden to require a hospital to permit an unvaccinated employee to have contact with emergency room patients. Robinson v. Children's Hospital of Boston (2016).

 

Tips for Drafting Exemption Policies

A policy exemption based on medical contra-indication should proceed from a clear definition of the population for whom vaccination is mandated (e.g., will the mandate apply to employees who are not exposed to sensitive areas and vulnerable populations?), the circumstances under which a medical exemption may be sought (e.g., with reference to an objective standard such as the manufacturer's prescribing information or current CDC guidelines); a clear definition of the proof needed to qualify for an exemption (e.g., the kind of medical provider from whom a signed statement is acceptable and whether a statement from a neurologist is required with respect to exemptions related to Guillian Barré Syndrome); a clear differentiation between those exemptions which must be sought annually vs. those exemptions which remain in effect from year to year absent changed circumstances; and a clear definition of the available vaccine alternatives (e.g., if unvaccinated persons are required to wear face masks, how such a requirement will be enforced?).

A religious exemption policy should include a clear definition of who is entitled to the exemption and who is not, and it should require an individualized determination with respect to each application. Many policies require that an application for a religious exemption should include a supporting statement by a religious leader, but the EEOC does not favor such a requirement. The EEOC also suggests that an employer should ordinarily assume that an employee's request for a religious accommodation is based on a sincerely-held religious belief.

However, the Third Circuit is currently reviewing Fallon v. Mercy Catholic Medical Center (2016), one of many decisions regarding an exemption based on a belief which is purely personal, political, economic or sociological, rather than spiritual and other-worldly. In some cases, exempt employees are accommodated with the condition that they wear face masks, although some have suggested that such masks constitute a religious stigma. One court recently held that it was reasonable to accommodate an exempt person with the opportunity to apply for another work assignment (Robinson, supra).

A successful religious exemption policy should proceed from a broader policy that narrowly defines the population for which vaccination is mandatory. The EEOC has recently challenged the compulsory vaccination of individuals who have no contact with vulnerable populations. See, e.g., E.E.O.C. v. Bay State Medical Center, Inc. (2016) (involving a hospital's human resources employee who worked in a separate administrative services building and had no apparent patient contact); EEOC v. Mission Hospital, Inc. (2016) (involving of a pre-school teacher in a hospital's child development center who had no apparent patient contact).

Health care employers, perhaps more than any other category of employers, have strong reasons to assure that precautions are taken to protect their customers and their employees from the risk of infectious disease. However, recent enforcement actions, brought by the government and on behalf of private citizens, illustrate that our society has not yet established an appropriate balance between the value of public health and the value of individual liberty.

 

Charles S. Johnson III is a trial lawyer with Holland & Knight in Atlanta. He primarily focuses in the areas of public policy and complex business disputes.