It's not the mitigation.
All these individuals have to do is give Kroger affidavits ('legally') asking a basic question:
Show us the data where they have identified/proven the CV-19 infectious agent of harm?
The onus is on them to prove non-fraudulent-exegesis not their employees!!! They must identify the cause of the 'emergency'. They are claiming a presumptive 'virus', then discriminating against the unvaxed, prove it!!!
Fraud vitiates everything!
Communicable Disease Statutes for each State, require identification up front. One cannot just say no, you build a file.