More than 500 lawsuits have been filed challenging vaccine mandates in some fashion. These are likely just the tip of the iceberg, however, as there are no doubt thousands of such complaints lurking “beneath the surface,” in the form of agency charges and alternative avenues for resolving disputes.
One of the ways that employees are challenging employer-imposed vaccine mandates is to allege that the employer has failed to accommodate a disability or religious belief that they claim conflicts with a vaccination requirement. These complaints against private employers generally arise under Title VII of the Civil Right Act of 1964 (Title VII), the Americans with Disabilities Act (ADA) and/or attendant state laws. Both Title VII and the ADA require that such complaints first be filed with the Equal Employment Opportunity Commission (EEOC) or state agency counterparts. Only after exhausting their administrative remedies, are employees supposed to file suit in court.
Many claimants are seeking emergency injunctive relief to bar enforcement of the mandate and have gone directly to federal or state court. Many more, however, are filing EEOC charges. According to EEOC data provided to Bloomberg BNA, more than 2,700 vaccine-related charges already have been filed with the agency.
Labor unions have filed a number of lawsuits challenging employer vaccine mandates, mostly against public employers. Unions also have...
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