SCOTUS Strikes Down Mandatory Vaccination/Testing Policy
The U.S. Supreme Court has just thrown out the vaccination or testing mandate issued by OSHA and the Biden administration that would have applied to employers with 100 or more employees. The Supreme Court did uphold regulations requiring vaccination for health care workers, though even that ruling was merely by a 5-4 decision. So while the testing or vaccination mandate has been lifted for now, understand that nothing prevents employers in NY or NJ from enacting vaccine and testing mandates. This is not the case everywhere. A significant number of Republican led states have issued state laws barring vaccination/testing and other COVID related containment measures, so companies doing business in these states should tread carefully before creating such policies. Further, do not be surprised if many states begin to implement vaccination/testing requirements along similar lines to what OSHA attempted, as the Supreme Court has signaled states would have the power to enact such laws. So those employers who have already implemented vaccination/testing programs in NY and NJ should feel no pressure to end them.