![]() ![]() At least one public sector union leader has also noted how organized labor might also have to sign off on what type of disciplinary actions could be taken against vaccine scofflaws protected by collective bargaining agreements.Īre any vaccine mandates in the works at the state level? ![]() The state could theoretically do the same for everyone else – just not until the vaccines are officially authorized. Colleges do not face the same problem when it comes to issuing mandates on students because their mandate is contingent on the FDA granting full approval to the vaccines by the fall. That creates a paradox of sorts for any public agency (like the New York City Police Department) or private business (like many nursing homes) that want to require vaccinations while also administering them under the Emergency Use Authorization. Guidelines from the federal Equal Employment Opportunity Commission make it clear that private employers can make vaccinations a condition of employment as long as the underlying rationale is “job-related and consistent with business necessity.” However, the FDA also requires that vaccine administrators give recipients a fact sheet that informs them of their right to refuse a vaccine. So why is a vaccine mandate happening for public college students but not nursing home staff? Supreme Court could always rule otherwise, but the slow pace of the legal system means that would likely happen long after any future state vaccination requirements took effect in the near or medium terms. A New York state court recently upheld the constitutionality of a 2019 law that eliminated religious exemptions for vaccines. Massachusetts that state governments can impose vaccine mandates as long as they are reasonable and fairly enforced. Supreme Court ruled more than a century ago in Jacobson v. That makes it tough to legally require that some people get their shots compared to others. The current legal landscape surrounding the three available COVID-19 vaccines is a little tricky because they are currently administered under an Emergency Use Authorization from the U.S. What is stopping the state from requiring the same of other classes of people, whether they are nursing home staff, health care workers or the general public? Andrew Cuomo recently announced that the governing boards at the City University of New York and State University of New York would require students to get vaccinated if they want to attend in-person classes this fall. And at some New York City nursing homes, most residents have not received a single shot. Vaccination rates among nursing home staff across the state still remain 20 percentage points below the herd immunity threshold, The New York Post reported May 9. While state efforts to improve access and promote voluntary acceptance of COVID-19 vaccines remain ongoing, the state might eventually lean on legal mandates to boost immunity as it has for other diseases like measles and polio for decades.Ī legal mandate could accomplish a lot even if it were not applied to the population at large. ![]() Vaccine hesitancy remains a key barrier to reaching the herd immunity that scientists say would require about 80% of the population get vaccinated. ![]() More than half of New Yorkers are now fully vaccinated against COVID-19, but the Empire State – and the country as a whole – still has a long way to go when it comes to ending large-scale community spread. ![]()
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