Supreme Court Issues Two Vaccine Mandate Rulings in January 2022

Author: Gregg Mosson | | Categories: Attorney , COVID-19 , Employment Law , Lawyer , Legal Consultation

The U.S. Supreme Court, ruling primary on the power of the federal government to impose vaccine mandates upon U.S. workplaces, ruled on January 13, 2022, in two linked cases that the U.S. Dept. of Health and Human Services could proceed with vaccine mandates for U.S. healthcare workers, but wider mandates could not be imposed via federal authority over U.S. workplaces without further Congressional authorization. 

In the end, this does not prevent private sector employers from imposing their own vaccine policies if they so choose.  Further, these rulings do not control state-level vaccine rules and regulations, including mandates.

The U.S. E.E.O.C. has issued guidance on these policies under existing discrimination laws.  My article on the EEOC guidance is linked here.

In the above decision, Biden v. Missouri, the Supreme Court upheld the federal goverment's more narrowly tailored imposition on healthcare workplaces.  In Nat. Fed. of Indep. Businesses v. Dept. of Labor, the U.S. Supreme Court held that OSHA, the workplace safety division of the U.S. Dept. of Labor, could not generally impose a vaccine requirement on larger-sized U.S. workplaces without more specific linking of the vaccine mandate to industry and/or workplace specific hazards faced.

This is a very brief summary of the above legal opinions.

The U.S. E.E.O.C. has issued guidance on these policies under existing discrimination laws.  My article on the EEOC guidance is linked here.

Mosson Law, LLC, is a law firm based in Towson, Maryland, practices Maryland-wide, and we provide you with legal services related to employment and family law, including representation for unemployment benefits hearings, appeals, and disputes.  Mr. Mosson practices in state and federal court - and outside of court - to advance employee rights.

If you’d like to learn more about our remote consultations and legal services, feel free to reach out to Mosson Law, LLC.

Gregg H. Mosson, Esq.

Mosson Law, LLC

http://www.mossonlaw.com

 



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