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New York Federal Courts Rule on Applicability of Religious Exemption to Two Separate Vaccine Mandates on Same Day

By Salvatore G. Gangemi on October 13, 2021
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On Tuesday October 12, 2021, two New York federal judges issued rulings related to the enforcement of vaccine mandates in New York.

Judge David Hurd of the U.S. District Court for the Northern District of New York ruled in favor of health care workers seeking religious exemptions to COVID-19 vaccine mandates by prohibiting health care facility employers from enforcing vaccine mandates without considering religious exemptions. The ruling comes after seventeen health care workers sued the New York State Department of Health based on an emergency regulation requiring healthcare workers to be vaccinated against COVID-19.  The regulation requires most healthcare workers to be vaccinated and did not allow employers to consider religious exemptions.  On September 14, 2021 Judge Hurd issued a temporary restraining order (TRO) forbidding employers from categorically denying or revoking religious exemptions from COVID-19 vaccination mandates.  The TRO was extended to  October 12,2021.

In yesterday’s ruling, Judge Hurd converted the existing TRO to a preliminary injunction, continuing to prevent the State of New York from enforcing vaccine mandates for those health care workers who claim a religion-based exemption.  In his ruling, Judge Hurd stated that “[t]he Department of Health is barred from taking any action, disciplinary or otherwise, against the licensure, certification, residency, admitting privileges or other professional status or qualification of any of the plaintiffs on account of their seeking or having obtained a religious exemption from mandatory COVID-19 vaccination.”

Simultaneously, Judge Valerie Caproni of the U.S. District Court for the Southern District of New York denied a request for a preliminary injunction brought by a group of ten teachers.  New York City’s vaccine mandate requires all public-school employees to be vaccinated, but provides for religious exemptions.  In declining to block enforcement of New York City’s vaccine mandate, Judge Caproni stated that the teachers failed to show that the city was “openly hostile” toward certain religious beliefs and did not show animus.

Impacted employers are encouraged to review and update existing policies and procedures, and implement any required policies and procedures, to ensure compliance with their obligations to afford religious exemptions.  We will keep you informed of further developments pertaining to the vaccine mandate and approved exemptions. In the meantime, Murtha Cullina’s attorneys are prepared to provide guidance on these and related issues.

 

 

 

Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Employment Law Perspectives
  • Organization:
    Murtha Cullina LLP
  • Article: View Original Source

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