Supreme Court Will Review New York City's Vaccine Requirement for Teachers

[Editor's note: The Supreme Court subsequently summarily rejected the teachers' request.]​

The U.S. Supreme Court said on Feb. 16 that it will review a request from New York City teachers to block a COVID-19 vaccine requirement due to their religious objections. We've gathered articles on the news from SHRM Online and other media outlets.

Review Despite Earlier Denial

The Supreme Court will review the city's vaccine requirement for public workers despite an earlier denial by Justice Sonia Sotomayor. Sotomayor denied the teachers' request without referring the matter to the full court. But the teachers then directed a new request to Justice Neil Gorsuch, who referred it to the full court.

(Spectrum News NY1)

Gorsuch Had Supported Previous Appeals

The parties likely directed their request to Gorsuch because last year he wrote a dissent when the court denied a request to block Maine's vaccine requirement. In that case, a group of unvaccinated workers argued that the requirement—that had no accommodations for religious objections—violated their rights. The New York City requirement does offer limited religious accommodations.

(CNN)

Maine's Requirement for Health Care Workers Criticized

In the Maine case, Gorsuch, joined by Justice Clarence Thomas and Justice Samuel Alito Jr., wrote in a dissent, "Where many other states have adopted religious exemptions, Maine has charted a different course. There, health care workers who have served on the front line of a pandemic for the last 18 months are now being fired and their practices shuttered. All for adhering to their constitutionally protected religious beliefs. Their plight is worthy of our attention."

(SHRM Online)

Affected New York City Workers

On Feb. 11, Sotomayor had rejected the emergency appeal from New York City's teachers, the same day as the deadline for city employees to comply with the vaccine requirement or face losing their jobs. The Supreme Court justices are expected to now consider the appeal in March.

(New York Post)

'Standard Practice'

"This referral to the full court is standard practice when litigants make repeat applications," said a New York City law department spokesperson. "The fact remains that plaintiffs have made no case for relief. Both lower courts, as well as Justice Sotomayor, have already rejected plaintiffs' efforts to block the mandate."

(Gothamist)

More than 1,000 City Workers Fired

New York City has fired 1,430 city workers after they declined to get fully vaccinated for COVID-19 or submit proof of their shots, the city said Feb. 14. The New York City Department of Education lost 914 staffers to the requirement—significantly more than any other agency.

Other agencies that fired staff over the requirement included the New York City Housing Authority (101 individuals), Department of Correction (75) and Department of Sanitation (40). Approximately 30 agencies lost staff.

(Politico)