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Since the emergence of the new coronavirus in 2019, the world has faced developing challenges across every industry in a rapidly changing environment – and that includes United States law as it relates to COVID-19. Following the production and dissemination of three FDA-approved vaccines in the U.S. during 2021, more than one party has challenged accompanying government mandates by way of a COVID vaccine mandate lawsuit. If you’re wondering, “Can you sue someone for giving you COVID,” or you’re seeking a COVID-19 vaccine lawyer, it’s important to understand what major precedents have been set by recent rulings.
Is the COVID vaccine mandatory in 2022?
With several legal challenges against the Biden Administration’s COVID-19 vaccine mandates reaching the Supreme Court, the mandatory status of a coronavirus vaccine has become further fractured and complex. In some cases, the COVID-19 vaccine is indeed mandatory. However, due to recent rulings in 2022, there have been a number of new caveats and vaccine mandate reversals.
2022 COVID Vaccine Mandate Rulings of Note
On January 13th, 2022, the Biden administration’s rule that required large businesses to have workers either wear masks and be tested weekly, or get vaccinated against COVID-19, was blocked by the Supreme Court with a 6-3 vote. This Occupational Safety and Health Administration (OSHA) workplace rule was announced during the fall of 2021, and applied to businesses with 100 workers or more.
At the same time, another prior COVID-19 vaccine mandate was upheld with a 5-3 vote. The Centers for Medicare & Medicaid Services (CMS) mandate requires healthcare facilities with Medicare or Medicaid programs to ensure that workers are vaccinated against COVID-19. There are only a few exemptions to this rule, most of which are tied to specific medical conditions, or rejection on the grounds of religious beliefs.
On January 21st, another major reversal occurred when a Texas judge blocked the November 22nd COVID vaccine mandate that required approximately 3.5 million government workers to be vaccinated. Without a religious or medical exemption, unvaccinated workers could have faced termination. This can no longer be enforced after the ruling.
Can your employer require a COVID vaccine in 2022 after these rulings?
With the Supreme Court’s decision to no longer require companies with more than 100 employees to require vaccination, companies may now halt or reverse prior plans to adhere to this particular COVID vaccine mandate. Starbucks is one such company that has begun to take this route. Although companies with over 100 employees are no longer required follow the Biden Administration’s guidelines for coronavirus vaccination, there is nothing in the Supreme Court’s recent decision that prevents companies from creating their own COVID-19 vaccine mandate. As a result, it is still possible for an employer to require proof of a coronavirus vaccine outside of specific exemptions.
Can you still pursue a COVID vaccine mandate lawsuit in 2022?
Although it may be possible to pursue a lawsuit related to the COVID-19 vaccine mandates, it is important to understand that the legal landscape surrounding this developing field of law is still evolving and incredibly complex. As the recent COVID vaccine mandate reversals have shown, much can change within a matter of months, and individual cases can take a great deal of time to be resolved.
However, if you’ve been denied COVID leave by your employer after either you or a dependent contracted COVID-19, you may have a case. Avrek Law has more than fifty years of combined legal experience, and has successfully resolved more than 10,000 personal injury cases, resulting in a total of over $1 billion recovered for clients. View our locations or contacts us today for a free consultation – we’re here to help!