Despite the Supreme Court's ruling, private employers can still require employees to be vaccinated
More than 80 million Americans were able to breathe a sigh of relief last week, as the Supreme Court blocked President Joe Biden’s vaccine mandate for private employers.
However, the decision came three days after the Occupational Safety and Health Administration’s (OSHA) emergency measure went into effect. In order to comply, many companies with 100 or more employees had already asked workers if they were vaccinated and if not, gave them a deadline to do so.
If employees who refused were terminated, they’re out of luck despite the Supreme Court’s decision, according to Bob Nichols, a partner at international law firm Bracewell LLP. For more than 30 years, Nichols has represented employers in matters pending with government agencies, including OSHA.
“Employees who previously lost their jobs or were denied jobs because of mandates that employers decided to impose generally have no recourse,” Nichols told HRD. “The OSHA-required testing was not going to go into effect until Feb. 9, so it didn’t impact anyone. All that really went into effect of substance was this week unvaccinated employees were supposed to be wearing masks.”
Regardless of the Supreme Court decision, private employers of any size have the right to require employees to be fully vaccinated, while allowing medical and religious exemptions. Meanwhile, Nichols stresses that there will still be underlying litigation...
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