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COVID-19 Vaccine Mandate for Private Businesses

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Read time: 6 minutes

LATEST:

 

LARGE (100+) BUSINESSES: On January 13, 2022, the Supreme Court blocked enforcement of the federal vaccine mandate for private covered employers (with 100 or more employers). On January 25, 2022, the Federal government officially withdrew their vaccine mandate for these large employers. The Supreme Court, however, did approve the federal vaccine mandate for CMS health care organizations.  On January 21, 2022, a U.S. judge in Texas temporarily blocked the enforcement of the federal vaccine mandate for federal workers. Also, on February 10, 2022, a second U.S. judge in Louisiana also blocked the federal workforce mandate. 

 

IN CONNECTICUT: Businesses can generally mandate vaccine requirements as long as they offer reasonable accommodation based on religion or disability.

 

On January 13, 2022, the Supreme Court ruled against the federal vaccine mandate for large companies with (100+) employees. OSHA subsequently withdrew their ETS which was intended to enforce these requirements. Now, states like Connecticut and local governments decide on the legality of business vaccine mandates. 

 

 

Do I have to follow the federal vaccine mandate?

 

It depends on what industry you are in. Private businesses do not have to follow the federal vaccine mandate. However, your state or local government may have laws that allow your company to have their own vaccine mandate. If you work for a CMS healthcare facility, you do have to follow the federal vaccine mandate. If you are a federal worker, you will have to wait for the Supreme Court’s final decision. 

 

What does it mean to be fully vaccinated?

 

In 2022, the CDC issued new guidance for vaccinations. Instead of simply completing your primary series, there is an emphasis on being up to date with your vaccine shots (i.e., primary series and boosters) 

 

Are vaccine mandates legal in CT?

 

In Connecticut, vaccine mandates are generally legal as long as they accommodate requests for religious exemptions (under Title VII of the Civil Rights Act) and disability exemptions under (the American Disabilities Act). 


What religious beliefs qualify for COVID-19 vaccine exemption requests? 

 

Employees can request exemptions for “sincerely held” religious beliefs which are protected.  These involve fundamental ideas about life, death, purpose and God. Religious beliefs do not have to be associated with traditional groups, understood or accepted by others. Personal preferences, ideologies, moral beliefs and philosophies are not protected religious beliefs and do not qualify for exemptions. 


What disabilities qualify for COVID-19 vaccine exemption requests?

 

Your employees can request exemptions for protected disabilities which can be defined as recurring or ongoing medical conditions, not acute issues. Having severe allergies, or a history of allergic reactions to vaccines are examples of medical conditions that may incur dangerous side effects following COVID-19 vaccination. 


If my employee submits an exemption request for religious or medical reasons, do I have to grant it?


Employers are not obligated to grant COVID-19 exemption requests if doing so would cause “undue” financial harm or health threats to their business.  However, employers are responsible for engaging in “interactive processes” to gather facts and determine if they can reasonably accommodate their employees' exemption request.  




While the Supreme Court ruled against the federal COVID-19 vaccine mandate for large businesses, the CMS healthcare vaccine mandate was approved. However, the Court’s final decision for federal workers is still pending. 



COVID-19 Health and Safety