Court says health commissioner lacks authority to bar unvaccinated employees from workplaces
The Supreme Court of the State of New York has ordered the reinstatement of sanitation workers who were terminated by the government for failing to comply with the city's vaccine mandate. In its decision, the court said that the commissioner of health's vaccine order is "arbitrary and capricious," stressing that the commissioner does not have the power and authority to permanently exclude the petitioners form their workplace.
"It is clear that the Health Commissioner has the authority to issue public health mandates. No one is refusing that authority," the decision read. "However, the Health Commissioner cannot create a new condition of employment for City employees. The Health Commissioner cannot prohibit an employee from reporting to work. The Health Commissioner cannot terminate employees."
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The court also cited the declaration of President Joe Biden that the pandemic is over, as is the COVID-19 state of emergency in New York. It also took into account how Mayor Eric Adams lifted the vaccine mandate for some athletes and entertainers as an exemption.
"The city employees and private sector employees were treated entirely differently from athletes, artists, and performers," read the decision. "Granting exemptions for certain classes and selectively lifting of vaccination orders, while maintaining others, is simply the definition of disparate treatment."
"The vaccination mandate for city employees was not just about safety and public health; it was about compliance," the court added. "If it was about safety and public health, no one would be exempt. It is time for the City of New York to do what is right and what is just."
In addition to reinstating the terminated sanitation workers, the court also ruled that they’re entitled to back pay in salary from the date of their termination. Meanwhile, a spokesperson from the city's Law Department told the media that they "strongly" disagreed with the ruling.
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"We continue to review the court's decision, which conflicts with numerous other rulings already upholding the mandate," said the spokesperson as quoted by ABC News.
New York City first implemented a vaccine mandate in October 2021 for public sector workers, before expanding it to private businesses in December. In September this year, the city government announced it is lifting its vaccine requirement for private businesses starting November 1. Its vaccine mandate for public sector workers, however, will remain in place.
