After awas issued on Monday for all private sector employees, the vaccine requirement for municipal workers was on Tuesday. And enforcement of the Biden administration’s vaccine mandate is still . However, employers can still legally require you to be vaccinated against COVID-19.
The federal mandate would have required people working for businesses employing 100 or more people toby Jan. 4, 2022. It was blocked by a federal appeals court in early November, which ordered OSHA to not enforce the mandate and to . The requirement is designed to curb the caused by the virus, including the and the new that continues to spread across the country.
The mandate is part of President Joe Biden’sissued in September, and would cover 84 million workers. Unvaccinated people are 10 times more likely than vaccinated people to be hospitalized and 11 times more likely to die from the coronavirus, . Breakthrough COVID-19 cases, which occur when vaccinated people contract the disease, are far less deadly than cases in unvaccinated patients, but can still produce long-term effects, including “ .”
We’ll tell you about the suspension of the nationwide COVID-19 vaccine mandate for companies. Also, here’s the latest on, and . Plus, here’s how you can soon and a .
What’s going on with the OSHA suspension of the vaccine mandate?
The decision on Nov. 6 by a three-judge panel from the US Court of Appeals for the Fifth Circuit in Louisiana halted the Biden administration’s vaccine and testing mandate for large companies. The ban stops OSHA from implementing the mandate requirements, so OSHA hasof the Emergency Temporary Standard, pending the outcome of future litigation. The challenge claims OSHA exceeds its authority with the mandate.
The Biden administration, asking private businesses to continue with the vaccine mandate. Around half the states are challenging the mandate in court, , including a separate lawsuit filed by 11 states as reported by .
What’s going on with the NYC vaccine mandates?
New York Mayor Bill de Blasio on Dec. 6 announced a vaccine mandate for private sector workers that’s scheduled to begin Dec. 27. The mandate applies to around 184,000 businesses. The proof of full vaccination requirement also applies to customers age 12 and older entering indoor dining restaurants, fitness facilities, and entertainment and performance venues.
However, a judge has temporarilyfor municipal workers — including police officers and firefighters — until a hearing that’s set for Dec. 14.
The federal government requires companies to mandate the vaccine
Even before Biden’s COVID-19 vaccine mandate, US employersduring pandemics under federal law.
The Biden administration issued new requirements for all companies with 100 or more employees to ensure they are either fully vaccinated or produce negative test results at least once a week. The rule could give employers the option of making unvaccinated employees pay for the weekly testing,.
“We’re going to protect vaccinated workers from unvaccinated co-workers,”after he announced the mandate.
Because it’s federally mandated, the Department of Labor will require employers to give workers paid time off to get vaccinated. This includes time to get the shot and sick time to recover from any side effects.
Americans with Disabilities Act excuses some people from mandatory vaccination
Therequires employers to provide “reasonable accommodations” to workers with medical conditions that would make them unable to get a vaccine. The US Equal Employment Opportunity Commission recognizes as a .
, these civil rights protections apply — even during emergencies — and can’t be waived.
Still, the CDC found that some long COVID patientsafter receiving the vaccination. The agency says more studies are needed to determine how the vaccine affects post-COVID conditions.
Does the Civil Rights Act apply to people with religious beliefs opposing vaccines?
At this time, it’s unclear whether people will be able to decline the COVID vaccine because of their religious beliefs, and it could be on a case-by-case basis. Even within the clergy, some disagreement appears to have surfaced. For instance, Pope Francis is, saying the Vatican approves of the various vaccines. Yet Archbishop for the Military Services Timothy Broglio said Catholic troops (PDF) if receiving it would violate their conscience.
New York has been back and forth on religious vaccine exemptions. Health care workers filed a lawsuit against the mandate, saying it violates their First Amendment rights and the Civil Rights Act. A judge ruled that those health care workersrequests from a statewide COVID-19 vaccine mandate.
New York Gov. Kathy Hochul, a Democrat, said she’d fight the judge’s decision, citing the public health crisis that COVID poses to New York state residents.
Who opposes the vaccine requirement?
The push to require vaccinations has prompted a backlash. A group of Senate Republicansin November, saying they’d oppose all efforts to implement and enforce the COVID-19 vaccine. A federal judge also for health care workers, which was scheduled to start on Dec. 6.
What happens if you object to receiving a vaccine when your employer requires it?
Just because you have a valid medical disability or theological objection to receiving a coronavirus vaccine doesn’t mean your employer has to let you continue working under the same conditions you’ve been used to. Companies are required to make “reasonable accommodations” if an employee objects to receiving a vaccine for valid reasons. Such accommodations could include allowing the employee to work remotely or take a leave of absence. The employee could also show a negative COVID-19 test once a week, per the president’s mandate.
If you don’t have a medical condition per the ADA or a religious reason for refusing the COVID-19 vaccine, your employer has the right to terminate your employment. Note that you likelyif that happens because your employer’s reasoning for firing you would be “for cause” that’s tied to complying with company policy.
Some companies are also consideringrefusing to get the shot. This could include raising health care costs, withholding raises and restricting access to workplace amenities. For instance, the it won’t pay unvaccinated players who miss games.
A 1905 Supreme Court case allows employers to require vaccines
There are precedents for large-scale vaccination requirements in US law. In 1901, a deadly smallpox outbreak in New England prompted local governments tofor everyone in the area. Some residents, however, objected, and one took it all the way to the Supreme Court. The Supreme Court decided in that the government may impose “reasonable regulations,” such as a vaccine requirement during pandemics, for the purpose of protecting the “safety of the general public.”
The court case forms the basis of guidance issued by the Equal Employment Opportunity Commission, which makes it clear that employers may make similar demands of their workers.
How likely is your employer to require a COVID-19 vaccine?
If your company employs 100 or more workers, they would be legally required to mandate the COVID-19 vaccine or subject you to regular testing by Jan. 4, assuming the OSHA suspension is lifted. Smaller companies can also require workers to get vaccinated, although it’s not considered a federal mandate. Here’s more aboutagainst the coronavirus.
For more information, here’s the latest on who’s eligible for theand right now.
The information contained in this article is for educational and informational purposes only and is not intended as health or medical advice. Always consult a physician or other qualified health provider regarding any questions you may have about a medical condition or health objectives.