New York City has set the tone when it comes to coronavirus vaccine mandates for workers. For example, it was one of the first major U.S. cities to impose vaccination mandates for city and private-sector workers. But now, it looks like New York City could be setting a different tone for workplace vaccination requirements.
A recent case from the New York Supreme Court for Richmond County may have laid out a roadmap for unvaccinated employees seeking to challenge vaccination requirements. It may also give clues to employers looking for ways to ensure their employment vaccination mandates survive legal challenges.
A Brief Overview of New York City’s Coronavirus Requirements for Workers
On October 20, 2021, the NY Department of Health and Mental Hygiene issued an order requiring all New York City (NYC) employees to show proof of at least one coronavirus vaccine dose by October 20, 2021. On December 13, 2021, the NY Department of Health and Mental Hygiene issued another order expanding the vaccine mandate to private-sector workers.
Then on March 24, 2022, NYC Mayor Adams enacted Executive Order 62 (EO 62), which offered exemptions to certain private-sector NYC workers. Specifically, EO 62 allowed covered performers, athletes and artists to continue working in NYC without meeting the coronavirus vaccination requirements.
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