Yes, your company can still require you to be vaccinated despite the Supreme Court's ruling




  • In Politics
  • 2022-01-14 17:20:04Z
  • By Business Insider
covid vaccine
covid vaccine  
  • The Supreme Court Thursday rejected the White House's vaccine-or-test mandate for large employers.

  • Despite the ruling, employers are still legally able to mandate COVID-19 vaccinations for employees.

  • The federal rule would've required certain companies to mandate vaccines or regular testing.

The Supreme Court on Thursday struck down the Biden administration's vaccine-or-testing mandate for companies with more than 100 employees.

But employers can still make their own rules.

The decision had two major results for American workers:

  1. It struck down a COVID-19 vaccine-or-testing mandate for private companies with more than 100 employees.

  2. It upheld a vaccine requirement for healthcare workers at federally funded facilities.

Employers can legally require employees to get a COVID-19 vaccine, the Equal Employment Opportunity Commission (EEOC) said last year.

The agency categorized COVID-19 as a direct threat, which allowed employers to require temperature checks, masks, and social distancing.

Businesses with employees in multiple states face a much more complicated situation.

"Employers are in this position where they have to look very carefully at each of the states in which they operate," Nathaniel Glasser, who leads a COVID-19-compliance group at the law firm Epstein Becker Green, said in an interview.

In each state, he said businesses would have to determine: "Is there a vaccine mandate that we are required to comply with? What group of employers are covered by that mandate?

"And then, if there aren't any vaccine mandate requirements in that jurisdiction, but we want to implement our own, are there any restrictions in implementing that type of a mandate given the state/locality in which we're operating?"

indoor dining nyc reopen covid
indoor dining nyc reopen covid  

In New York City, for example, all employees of all businesses must be vaccinated for in-person work.

"Businesses may not allow any unvaccinated workers to come to their workplace," the law says. "A workplace is considered any location - including a vehicle - where you work in the presence of at least one other person."

The EEOC and federal law say employers can require employees to get vaccinated, but some states are attempting to find ways around these laws.

In Montana and Tennessee, for example, businesses aren't legally allowed to mandate vaccinations because of antidiscrimination laws written and passed during the COVID-19 pandemic.

Arkansas, Florida, and Texas have also passed laws specifically prohibiting businesses and government agencies from requiring vaccinations. More than 100 employees are suing a Texas hospital after it said vaccines would be required for continued employment.

With federal and state laws in direct conflict, it's unclear how things will ultimately shake out.

This legal gray area is likely why few companies have outright required vaccines for employees. While some have attempted to encourage vaccinations with perks like bonus payments, it remains unclear whether those with mandates will enforce them without the federal backstop.

Got a tip? Contact Insider senior correspondent Ben Gilbert via email (bgilbert@insider.com), or Twitter DM (@realbengilbert). We can keep sources anonymous. Use a nonwork device to reach out. PR pitches by email only, please.

COMMENTS

More Related News

Surgeon General calls SCOTUS vaccine mandate block "a setback for public health"
Surgeon General calls SCOTUS vaccine mandate block "a setback for public health"

Surgeon General Vivek Murthy told ABC's "This Week" on Sunday the Supreme Court's decision to block the Biden administration's coronavirus vaccine-or-test...

Op-Ed: Here
Op-Ed: Here's how Biden can fix the Supreme Court's terrible mistake in the vax or mask case

The court's majority opinion leaves open a surprisingly straightforward way for the administration to protect the health of American workers.

Mixed response from businesses after SCOTUS ruling on vaccine mandates
Mixed response from businesses after SCOTUS ruling on vaccine mandates

Following the Supreme Court's ruling on Thursday to block President Joe Biden's vaccine-or-testing mandate for large employers, the surge in the omicron

Supreme Court to hear case of high school football coach who lost job after praying on field
Supreme Court to hear case of high school football coach who lost job after praying on field

The case of a former high school football coach who lost his job after praying on the field has become a rallying cry for national religious groups.

Biden team regroups after court loss on COVID shots-or-test
Biden team regroups after court loss on COVID shots-or-test

Concerned but not giving up, President Joe Biden is anxiously pushing ahead to prod people to get COVID-19 shots after the Supreme Court put a halt to the...

Leave a Comment

Your email address will not be published. Required fields are marked with *

Cancel reply

Comments

Top News: Politics