More and more companies are making mandatory COVID-19 vaccines a condition of employment. Tyson Foods announced that it will mandate vaccines for its 120,000 factory workers. Over 500 colleges and universities have stated that they will require vaccines to return to college. And yesterday, they got support from the Seventh Circuit Court of Appeals.
The Seventh Circuit upheld Indiana University’s (“IU”) vaccine mandate, holding it did not violate the constitutional rights of the eight students who sued the University. Under the policy, students who do not want to be vaccinated may seek health and religious exceptions/exemptions. Students also have the choice to attend another institution if they disagree with the policy. In a statement released after the decision, IU spokesperson Chuck Carney stated: “Once again, the court has affirmed our legitimate public health interest in assuring the safety of our students, faculty and staff . . .” The students involved in the lawsuit plan to appeal to the U.S. Supreme Court.
Bottom Line
Employers are increasingly resorting to mandatory vaccination policies as COVID-19 cases surge and variants continue to spread. If you are thinking about implementing a mandatory vaccination policy, please do not hesitate to reach out to a Felhaber Larson attorney for guidance.