Supreme Court Blocks Vaccine Mandate on Private Employers

January 14, 2022

On Thursday, January 13, 2022 the U.S. Supreme Court blocked the Biden administration from enforcing a vaccine or testing mandate for businesses with at least 100 employees. However, the Court is allowing the administration to proceed with a vaccine mandate for healthcare workers at facilities that receive federal funding.

The Court’s majority concluded that the administration overstepped its authority by seeking to impose the Occupational Safety and Health Administration (OSHA) vaccine or test rule on businesses with at least 100 employees. If upheld, the employer mandate would have required all employers with 100 or more employees to ensure their workforce was fully vaccinated or would have required any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.

Employers may still implement their own vaccine and testing mandate if they choose.

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