Supreme Court Blocks Vaccine and Testing Mandate For Large Businesses

The Supreme Court blocked President Joe Biden’s COVID-19 vaccine or testing requirement for large private businesses. The vaccine or testing requirement would have obligated employers with at least 100 employees to require that an employee either (1) be vaccinated against COVID–19 or (2) take a weekly COVID–19 test and wear a mask at work. The Supreme Court did, however, allow the vaccine mandate for medical facilities that take Medicaid or Medicare payments.

What This Means For You

If you currently work for a private employer with over 100 employees, the government cannot require your employer to enforce vaccines or testing. That does not mean, however, that your employer cannot require the vaccine, testing or masks. If you work for a private company, they can require that you get the COVID-19 vaccine as long as they require it for everyone.

According to guidance from the US Equal Employment Opportunity Commission, private employers can generally require that all worksite employees get vaccinated as long as they comply with federal laws that prohibit on the basis of religion and disability. This means that, under federal law, your employer can require the COVID-19 vaccine as a condition of employment. Refusal of the COVID-19 vaccine without a valid legal reason, can result in termination.


Alicia Lillegard, Esq.

Alicia Lillegard has over 20 years of experience in employment law, human resources and insurance, working with with large blue chip companies, startups, and not-for-profit organizations. Ms. Lillegard is currently Managing Director of New England Human Capital, a human resources consultancy which advises small and midsize businesses on Human Resources compliance, including employment procedures, employee relations and employee benefits. She holds degrees from Loyola University Chicago and John Marshall Law School.

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