In a recent directive, it has been revealed that New York City has set the tone when it comes to the new wave of coronavirus vaccine mandates for workers as it has been identified as one of the first major U.S. cities to actally impose vaccination mandates for the city and private-sector workers.
But recent actions have shown that New York City could be setting a different tone for workplace vaccination requirements as a recent case from the New York Supreme Court for Richmond County may have laid out a roadmap for some of the unvaccinated employees who had been seeking to challenge vaccination requirements.
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The new directive and legal standing may also give clues to employers looking for ways to ensure their employment vaccination mandates survive legal challenges.
On October 20, 2021, the New York Department of Health and Mental Hygiene had issued an order which had required all New York City (NYC) employees to show a proof of at least one coronavirus vaccine dose by October 20, 2021 and on December 13, 2021, the NY Department of Health and Mental Hygiene had also issued another order expanding the vaccine mandate to private-sector workers.
Then on March 24, 2022, NYC Mayor Adams had also enacted Executive Order 62 (EO 62), which offered exemptions to certain private-sector NYC workers.
In details, specifically, the EO 62 allowed covered performers, athletes and artists to continue working in NYC without meeting the coronavirus vaccination requirements.
George Garvey, along with several other individuals (collectively, Petitioners) are former New York City Department of Sanitation workers who had goten fired for their failure to get vaccinated or obtain an approved exemption.
They filed a lawsuit pursuant to Article 78 of the New York Civil Practice Law and Rules and they had also sued New York City, the NYC Department of Health and Mental Hygiene, the NYC Department of Sanitation, the NYC Commissioner of the NY Department of Health and Mental Hygiene and the Mayor of NYC (collectively, Respondents).
The Petitioners argued that the applicable employment coronavirus vaccine requirement was arbitrary and capricious. They also contended that it was unconstitutional under the New York Constitution. Both sides filed motions asking the court to decide in their favor.
On October 24, 2022, Judge Ralph J. Porzio issued an order essentially dismissing the Respondent’s arguments and accepting most of the Petitioners’ arguments. The order commanded that all terminated Petitioners be reinstated on October 25, 2022 and collect back pay from their date of termination.