![]() Over 1,000 universities have some form of vaccine mandate, and in August 2021 the Supreme Court refused to block Indiana University’s mandate. ![]() How about school mandates?Įducational institutions also continue to play an important role in mandating COVID-19 vaccination, and this is not affected by the court’s decision. workers are required by their employers to get vaccinated, according to Society for Human Resource Management, an industry group. The ruling doesn’t affect their legal ability to impose such mandates – though it may make companies that had been mulling a mandate less likely to institute one for their workers. This includes major companies such as Citigroup, Goldman Sachs, Delta Airlines, Google and CVS. ![]() Many private businesses, on their own authority, require employees to get vaccinated. For example, New York City has broadly mandated the vaccine at most indoor venues, including restaurants, gyms and theaters. Some states and localities have also issued vaccine mandates covering customers in public spaces. New York City, for example, recently passed a mandate covering most employees who work in person or interact with the public, and this mandate is not affected by the court’s decision. These mandates most commonly cover health care workers and government employees, while some cover all employees. While the Supreme Court limited the authority of administrative agencies, this does not affect the ability of state and local governments to pass laws regulating the health and safety of the public. How does this affect other worker mandates?ĭespite this Supreme Court ruling, many types of COVID-19 vaccine mandates remain legally enforceable and continue to be an important tool in ensuring Americans get vaccinated.Īpproximately half of all states have some type of vaccination mandate, and the enforceability of these mandates is not affected by the court’s latest decision. According to the court, this mandate by the Department of Health and Human Services “fits neatly” within the congressional power given to the agency because of the increased risk associated with health care workers becoming ill with COVID-19 and infecting their patients. The three liberal judges dissented, arguing that “COVID-19 poses special risks in most workplaces, across the country and across industries.”Īt the same time, by a narrower 5-4 vote, the Supreme Court allowed continued enforcement of a mandate requiring health care workers at facilities that receive government funding through Medicare or Medicaid to be vaccinated. The majority also expressed concern that the mandate was a “blunt instrument” and did not distinguish “based on industry or risk of exposure to COVID-19.” The majority opinion distinguished between workplace safety and occupational health, determining that “although COVID-19 is a risk that occurs in many workplaces, it is not an occupational hazard in most,” as it can spread wherever people gather. The court’s six conservative justices held that the Occupational Safety and Health Administration exceeded its power in issuing the mandate on private companies, which would have covered about 80 million workers. We asked Debbie Kaminer, a professor of law at Baruch College, CUNY, to explain the ruling’s impact. The ruling comes at a time when the number of COVID-19 cases and hospitalization rates continues to soar throughout the United States as a result of the omicron variant. But it left in place a narrower mandate that requires health care workers at facilities receiving federal funds to get vaccinated. 13, 2022, blocked the Biden administration’s vaccine-or-test mandate, which applied to virtually all private companies with 100 of more employees.
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