Chief Judge DiFiore weighs in on the legality of vaccine mandates in response to pending lawsuits

In response to pending lawsuits filed by several unions challenging the court system’s mandatory vaccination requirements, Chief Judge Janet DiFiore, Chief Judge of the Court of Appeals of the State of New York, released a statement on October 4, 2021, asserting that such mandates are legal. She stated that she looks forward to “demonstrating that the vaccine requirement is fully within our legal powers as a responsible, appropriate and necessary response to the serious threat that COVID19 poses to the health and safety of our workforce, and the public we serve.” 

She also commended the approximately 97% of court staff who are not involved as parties to the lawsuits who timely complied with the systemwide mandatory vaccination program by either submitting proof of vaccination or requesting a medical or religious exemption. 

One of the lawsuits referenced by the Chief Judge was a petition filed by New York state court system’s largest union, Civil Service Employees Association (“CSEA”).  CSEA represents approximately 5,800 non-judicial employees who would be affected by the mandatory vaccination policy.  On September 24, 2021, Judge Christina Ryba initially granted CSEA a temporary restraining order halting the implementation of the mandate. The next hearing in this matter is scheduled for Friday, October 8, 2021.