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Thursday, July 9, 2026

What Employers Can Learn From Recent Cases Addressing Vaccine Exemptions - Law.com

Vaccine requirements for employees significantly increased during the COVID-19 pandemic, and since then many employees have filed lawsuits challenging denials of their request for an exemption from such policies on religious and disability grounds.

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Two years later, we assess the proofs needed to satisfy the Muldrow standard in the U.S. Court of Appeals for the Third Circuit. We focus on proofs, rather than allegations, because nearly all of the decisions citing Muldrow arose in the summary judgment context, although one decision (Registre) addressed a motion to dismiss, and another (Bonsall) addressed a motion for judgment on the pleadings.

Several recent eligibility cases involving basketball players with professional experience have reignited the issues surrounding the actual and necessary expenses exceptions. The rapid rise of revenue-sharing and NIL deals creates a strong incentive for athletes to play NCAA sports by any means available to them, including through court challenges.

With a signature and a 229-page appendix, roughly 8,000 federal workers learned they had become at-will employees, terminable for almost any reason with little process and no meaningful appeal.



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