The New York State Supreme Court dealt a blow to New York City Mayor Eric Adams' pandemic policy when they ruled that New York City cannot fire employees for not getting vaccinated against COVID-19.
The court ruled that companies must reinstate all fired employees and grant them backpay, citing the fact that being vaccinated against COVID-19 does not stop an individual from catching or spreading the virus, and thus being vaccinated does not grant enough community-wide benefit to warrant a mandate.
The health commissioner “acted beyond his authority” by mandating the vaccine permanently opposed to temporarily.
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NY State Supreme Court reinstates all fired unvaccinated employees, orders backpay, says the state violated rights, acted arbitrary & capricious, notes:“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”https://t.co/nvOsWfa56S pic.twitter.com/WhH4wje2bQ— Marina Medvin 🇺🇸 (@MarinaMedvin) October 25, 2022
Earlier this year Adams claimed any employee let go due to being unvaccinated would not be brought back. This added up to 1,400 employees, including a number of firefighters and police officers.
“States of emergency are meant to be temporary,” the court said in its ruling. “The question presented is whether the health commissioner has the authority to enact a permanent condition of employment during a state of emergency.”
It was determined by the court that the commissioner did not have the right to do this.
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