Workplace Vaccination Update January, 27, 2022
On November 1, 2021, I wrote on the subject of employer vaccine requirements. On January 13, 2022, the United States Supreme Court struck down a Biden Administration rule requiring employers of 100 or more people to mandate vaccination or testing of their workforces while keeping in place the same requirement for healthcare workers. The decisions can be found here:
https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf.
https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf.
What does this mean for employer vaccine mandates going forward? Neither case addressed the issue of whether employers can set their own vaccination rules. As I wrote previously, the EEOC previously issued guidance on this issue, which can be found here. In short, as long as it is not discriminatory, employers can terminate employees who refuse to get vaccinated.
If you have any questions about your rights in the workplace, please do not hesitate to give the lawyers at Deno Millikan Law Firm a call.