In a November 4, 2021 opinion, the U.S. Court of Appeals for the Second Circuit upheld New York’s vaccine mandate for healthcare workers, rejecting arguments advanced by healthcare professionals in two different district court cases that the mandate’s failure to provide for religious exemptions violated their religious freedoms and should be enjoined.
As we previously reported, New York State Department of Health’s Public Health and Health Planning Council unanimously approved an emergency regulation requiring vaccination for all covered personnel employed in hospitals, nursing homes, and other identified healthcare entities.1 This mandate took effect on August 26, 2021, and required covered personnel of hospitals and nursing homes to receive their first COVID-19 vaccine by September 27, 2021, while those employed by other covered facilities had until October 7, 2021 to receive their first dose.2 Under the mandate, covered personnel are persons who, if infected with COVID-19, could potentially expose other covered personnel, patients or residents to the disease. It should be noted that the mandate, while not providing for a religious exemption, does permit a medical exemption, as discussed below.
By Kelly C. Spina, Terri M. Solomon, and Lisa M. Griffith via Littler.