Tuesday, September 14, 2021

Judge Blocks NY Vaccine Mandate For Medical Workers


U.S. District Judge, David Hurd, issued an Order Temporarily Barring, the New York State Department of Health, from Enforcing or otherwise Requiring Compliance with the Vaccine Mandate, since it does Not Grant Religious Exemptions.

A Hearing for a Preliminary Injunction is slated for Sept. 22nd.

The Ruling comes after a Group of 17 Medical Workers Sued the State, on Monday, asking to Unjoin the Order.

The Complaint argued that the Mandate Violates the Free Exercise Clause, of the First Amendment, as well as the 14th Amendment, which guarantees Equal Protection.

The Suit also Argues that the Mandate Violates Title VII of the Civil Rights Act of 1964, which Prohibits Employment Discrimination based on Factors such as Religion, Gender, Race, and National Origin.

In Mid-August, then-New York Gov. Andrew Cuomo (D), announced that Health Care Employees would have to Start their Vaccination Process by Sept. 27th.

This Mandate applied to Staff at Hospitals and Long-Term Care Facilities.

Cuomo's Administration said, at the time, that the Vaccine Mandate would come with Limited Exceptions for Religious and Medical reasons.

However, the most recent Rule, adopted by the New York State Department of Health, in late August, provides for Covered Workers to obtain Medical Exemptions, but doesn't have a Provision for Religious Exemptions.

The Suit, named New York Gov. Kathy Hochul (D), New York State Health Commissioner, Howard Zucker, and New York Attorney General, Letitia James (D).










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