Factbox: COVID-19 and the U.S. courts: challenges to vaccine requirements

Signage is seen on a window in a restaurant as the vaccine mandate began during the coronavirus disease (COVID-19) outbreak in Manhattan, New York City, the United States, on August 17, 2021. REUTERS / Andrew Kelly

Sep 29 (Reuters) – U.S. employers, universities and local governments are increasingly enacting COVID-19 vaccine mandates to contain outbreaks of the disease as infection rates remain high.

Workers who fear losing their jobs because they refuse to be shot turn to the courts. Below are some of the most important cases.

– Employees fight against mandates and dismissals

Many large U.S. employers have announced vaccination mandates, including Walmart Inc (WMT.N), Google’s parent company Alphabet Inc (Demokratie.O), and the federal government. Continue reading

Legal experts have said mandatory vaccines is one way an employer can meet their duty to reduce workplace hazards like COVID-19.

In the proceedings against state employers, it is commonly alleged that mandates violate the right to physical integrity under the 14th Amendment. Cases against private employers usually focus on violating laws that prohibit abuse on the basis of disability and religious beliefs.

In the first case considering an injunction against a private employer, a federal judge in Covington, Kentucky upheld vaccination requirements for St. Elizabeth Healthcare staff who operate facilities in the Cincinnati area. The judge said staff could refuse the vaccine and stop. Continue reading

The Houston Methodist Hospital, which became the first major healthcare system to require employees to be vaccinated against COVID-19, won a quick discharge of a case before an injunction was considered. Continue reading

Gainesville, Florida dropped mandates for approximately 2,200 city employees and contractors after a Florida judge temporarily blocked the request because the city failed to produce evidence that they were serving an overriding interest. It appears to be the largest mandate that has been withdrawn.

– Challenges to mandates for students and teachers

More than 500 colleges and universities have imposed vaccination requirements, and many have been challenged in court, sometimes for rejecting student requests for religious exemption.

In the most elaborate ruling, often quoted by other courts, a federal judge said that Indiana University had acted sensibly to protect public health by requiring vaccines or masking and testing. The judge said students could choose to attend another school or postpone their education if they didn’t want to take the vaccine. Continue reading

Federal courts have sided with the University of Massachusetts, the University of Connecticut, and Creighton University in Nebraska in similar cases.

A U.S. judge issued an injunction against the University of Western Michigan requirements for student athletes because it violated the students’ religious beliefs and the judge found that the school could have achieved the same goals without vaccinations.

Federal and state judges upheld New York City’s vaccination mandate for Department of Education staff. A US appeals court briefly put the policy on hold before it goes into effect.

– Lawsuits over government vaccine requirements

Some states have placed requirements on health care workers to receive COVID-19 vaccines, while other states have banned vaccine mandates for public sector workers. Both approaches have created legal challenges.

New York Mayor Bill de Blasio was sued for compulsory vaccination for customers in restaurants, theaters and gyms.

The Montana Medical Association sued a state law preventing private employers in the state from soliciting vaccines for workers.

In one of its earliest sentences, a federal judge in New Mexico on September 13 upheld the state’s request to vaccinate hospital workers and trade show attendees, ruling that the order did not violate a fundamental right.

Norwegian Cruise Line Holdings Ltd (NCLH.N) convinced a federal judge in Miami on Aug. 8 to prevent Florida officials from enforcing a government ban on “vaccine passports”. The ruling allowed the cruise line to require passengers boarding their ships in Florida to provide evidence that they had been vaccinated without fearing the company could be fined by state officials. Continue reading

Reporting by Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Bill Berkrot

Our Standards: The Thomson Reuters Trust Principles.

source https://www.bisayanews.com/2021/09/29/factbox-covid-19-and-the-u-s-courts-challenges-to-vaccine-requirements/