Vaccine Requirements – United States

In the United States, the federal government has faced challenges in imposing vaccination mandates for large private employers, federal contractors, and certain health care employees. Because of that, choices around vaccination mandates have largely been left to private employers, in compliance with state and local laws relating to vaccination status. While some locations have mandated vaccination for private employers (New York City), others have placed restrictions on private employers’ ability to impose vaccine mandate (e. g., Florida, Texas, Utah, etc.). Below is a summary of two of these rules, to show how U.S. jurisdictions are treating vaccine mandates.

New York City Private Employer Vaccine Mandate -

Effective December 27, 2021, covered employers must generally exclude unvaccinated individuals from workplaces in New York City. The New York City Commissioner of Health and Mental Hygiene (“City Health Commissioner”) issued an Order To Require COVID-19 Vaccination In The Workplace (“Order”), citing authority under Section 556 and 558 of the New York City Charter as well as Section 3.01(d) of the New York City Health Code. The guidance documents, which include a summary of the vaccination requirement for workplaces, Frequently Asked Questions for Covered Entities (FAQs), guidance on accommodations for workers, and guidance for employers on equitable implementation of COVID-19 vaccine requirements, among other documents (collectively, “Guidance Documents”), contain notice-posting procedures that will apply to all covered workplaces within New York City. The Guidance Documents also contain a broad definition of covered employers and individuals and outline the Order’s requirements. New York City businesses had just 10 days to comply with the new rules when they were issued.

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