“Vaccine Mandate Stays; Check Providers’ Status and Respond as Needed,” Part B News

Five months after the Supreme Court vaccination mandate for healthcare workers, eligible providers must either be vaccinated or have undergone the proper process for an exemption.

New Jersey-based Partner Jacqueline Voronov told Part B News that it’s incumbent on employees to ask for that exemption: “The employer doesn’t need to go chasing employees to confirm whether they want to seek an exemption. If an employee hasn’t made a request for an exemption, the employer is within its rights legally to terminate their employment based on the employee’s failure to abide by the mandate.”

Voronov cautions employers to make sure their written policies are in place. “If the rules are applied arbitrarily, an employee might say, you’re making me do this, you’re not making somebody else in another protected class do it, so you’re targeting me because of my protected characteristic. And that’s when discrimination claims arise.”

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