COVID-19 VACCINE MANDATES


Employees across the nation are swarming the courts in anger against state and federal COVID-19 vaccine mandates.  Many federal and state employees argue that the mandates violate the U.S. constitution, free exercise of religion, due process, and equal protection. 

President Joe Biden recently mandated that government and federal contracting employees must be vaccinated.  A coalition of federal workers, service members and federal contracting employees sued in D.C. Federal court demanding that the court invalidate the President’s mandate.  The mandate requires vaccination for employees who work with the federal government without an option to test out.  Government employees who are not vaccinated have 75 days to comply or be subject to a progressive disciplinary process with exceptions for relevant disabilities or religious reasons. 

In Dixon et al. v. De Blasio et al. (1:21-cv-05090), U.S. District Judge Brian M. Cogan, held that he will not hear legal challenges to the City’s COVID-19 mandate until October 8, 2021.  The plaintiffs in this case, a group of gyms, restaurant owners and workers, requested a temporary restraining order to immediately block the mandate.  However, Judge Cogan denied the immediate temporary restraining order until the preliminary injunction hearing.

In State Police Association of Massachusetts v. Commonwealth of Massachusetts et al. (2184-CV-02117), Superior Court Associate Justice Jackie Cowan denied a bid by the state’s police union to block the governor’s vaccine mandate for executive branch employees.  Justice Cowan reasoned that public health benefits outweigh the need to stay the policy pending further bargaining.  Federal and state courts will soon decide whether vaccine mandates and other restrictions comply with the U.S. Constitution. 
 

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Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour, personal injury and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.

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About Annabel Stanley

Annabel Stanley's practice is focused on employment litigation. Annabel is a Law Clerk in the firm's New York office.

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